Legal Question in Family Law in India
my wife has file 498 a case against my family. now she file 125 pc meintenence case against me in family court . can she file 125 pc after 498a ? my total salary is 23000 per month and i get 14000 rs after deduction. she is demanding rs 10000/- p.m. she is living with her brother. how much meintenence can court order. and how i can fight against it please guide me.
3 Answers from Attorneys
1. Yes, a wife is entitled to claim maintenance u/s 125 Cr. P. C. after filing a complaint u/s 498-A IPC. She may also claim relief under Domestic Violence Act, 2005.
2. She may be entitled to 25% to 35% of your income. The law entitles to enjoy same standard of living as was being enjoyed by her at the time of separation.
3. Instead of fighting, you should voluntarily start sending her a reasonable amount for her maintenance and make efforts for mutual settlement. Try to avoid litigation.
file divorce petition and file application under guardianship for kids.
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