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How to calculate maintenance amount to be taken from husband


02-Oct-2023 (In Family Law)
My husband left me (2006) 10 years ago, along with 2 child,boy(now17) and girl(now16).The institution which he left kept me on temp basis on salary 1700.(While leaving he filed a divorce case).I got informed about the case in 2008 from newspaper's ad, I filed maintenance case in 2008. I am now earning less than 17k,while he earns around 60k or more (not sure).The divorce case he filed got merged with the maintenance case .He again filed divorce.its been 21 years of marriage.He is a gov employee. I want to know how much maintenance can I expect for my children and me.if I take divorce ,how much money will i get and what amount of property.Isn't my case taking too long?(2008-16).What else can be done?.With the money I earn I have no future insurance of my kids and me.
Answers (3)

Answer #1
904 votes
dear madam. your case is going tooo long till now the case must have been disposed off.... maintenance is on the earnings of your husband...its not just salary rather other incomes also for more query do let me know
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Advocate Uttam Tibrewal

Adv. Uttam Tibrewal

LawRato Ranchi | 5+ Answers
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Answer #2
971 votes
Once your husband file divorce case against you then your husband cannot file divorce case against you again. In maintenance case you are required to file interim maintenance for you and your children you can claim maximum 33% of your husband salary. further you can claim expenses of education for your children you can also claim marriage expenses of your daughter from your husband if your husband is government employee then in case of non payment you can file petition for attachment of salary I suggest you don't take divorce from your husband until you get an offer of alimony from your husband make sure that your husband is not married to some one else and if married then file criminal case against your husband under section 166 A, I.P.C and Adultery your 1700 salary will not hurdle claiming maintenance from your husband
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Advocate Shyam Narsaria

Adv. Shyam Narsaria

LawRatoRanchi | 25+ Answers
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Answer #3
589 votes
There is no hard and fast method of calculating maintenance. Since you are earning you have to prove that the same is insufficient. You will have to lead specific evidence for the same. It is time consuming but you can succeed.
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Advocate Ashutosh Anand

Adv. Ashutosh Anand

LawRatoRanchi | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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