LawRato

What is the maximum and minimum court gives maintenance to wife


10-Mar-2023 (In Family Law)
My govt salary is 63000, my wife kept 498A & 3,4 DPC. Now she filed Cr P. C. 125. My wife (25yrs) - 25k, my daughter(3yrs )12.5k, my son (2yrs) 12.5 K, now I received summons from family court. I want to Resign my job. Maximum & minimum maintainace sanctioned by court. How do I live with peace.
Answers (4)

Answer #1
849 votes
Minimum is 3500 to wife and 2500 to children and maximum is 15 k and it is decided by looking at your salary certificate and if the court has been impartial with you you can go to high court and the high court will shrink the maintenance for sure. Dont resign tour job and fight the case 498 A is not so powerful theses days and maximum cases the wifes file with fake allegations so hire a good lawyer to defend your case.

Answer #2
545 votes
Hi accordingly to your query no need to worry about your job and summons defend them court will see all the evidences which they produced and accordingly they will issue the maintenance orders, hire a counsel and file the answer accordingly what they stated in their petition so for further clarification you can call as at any time.
Answer #3
550 votes
Sir, Your question is not clear as your wife has filed DVC and Now Maintenance case against you.
Have you already resigned the Job? and whether your wife is earning?
There is no maximum and minimum maintenance in the eye of law at the discretion of the court. Normally courts grant 1/3 of salary of husband as maintenance if wife files petition for it in court and It is after your deductions in salaries on the net salary court awards maintenance.
Answer #4
89 votes
In India, maintenance awarded to a wife and child in cases of divorce or separation varies depending on several factors, and there is no fixed maximum or minimum amount set by the court. Maintenance awards are determined by the court based on the specific circumstances of each case. Here are some key points to consider:
  1. Income and Financial Capacity: The court assesses the financial capacity of the husband and his ability to provide maintenance. The wife's financial needs and expenses are also taken into account.
  2. Standard of Living: The court considers the standard of living the wife and child were accustomed to during the marriage. The goal is to ensure that they can maintain a similar standard of living post-divorce.
  3. Earning Capacity: The earning capacity of both parties is examined. If the wife is capable of earning a livelihood, it may affect the maintenance amount.
  4. Child's Needs: The court considers the child's age, health, education, and other needs when determining maintenance for the child.
  5. Duration of Marriage: The duration of the marriage plays a role. Longer marriages may result in higher maintenance awards.
  6. Special Circumstances: Any special circumstances, such as medical expenses or disabilities, are taken into account.
  7. Jurisdiction: Maintenance laws can vary from state to state in India, so the jurisdiction in which the case is filed can also impact the maintenance amount.
It's important to note that there is no fixed percentage or formula for maintenance calculation in India. Maintenance orders are made on a case-by-case basis, and the court's decision is influenced by the specific facts and circumstances of each case.
If you are seeking maintenance or facing a maintenance claim, it is advisable to consult with a family law attorney who can provide guidance based on the specifics of your situation. They can help you understand your rights and obligations and represent your interests in court if necessary.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."