Legal Question in Family Law in India

125 maintenance

My husband is working on H1B visa.I have filed for maintenance under 125.The case of 125 is still pending.We have submitted the salary certificate of his salary which he is earning in USA.If my husband quits his job and comes back to India,in that case how the court will determine the maintenance amount ?(If the salary and company name of my husband in India is not known to us).


Asked on 1/08/09, 10:33 pm

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 125 maintenance

of course his income will be taken into consideration.

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Answered on 1/09/09, 6:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 125 maintenance

You are entitled to maintenance amount for a decent living as per the standard life he had at the time of separation. The amount of maintenance may not depend upon his actual income. It has more to do with his 'standard of living at the time of separation' than with the present or future income.

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Answered on 1/09/09, 12:53 am


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