Legal Question in Family Law in India
Divorce & Alimony
Hi!
Wanted to know how the court decides the amount of maintenance or alimony. does the court considers the Net/Gross salary as shown on the salary slip or the total CTC (cost to the company) of the respondent.The net salary is always less compared to the total CTC, which may include bonus,conveyance allowance,HRA, leave encashment, travel/lunch/phone/medical allowances etc. Eg:Suppose the monthly net salary is Rs 50000/= (according to the salary slip) which annualy sums up to 6lakh, but all such subsidies if included amount to 12 lakh a year,which means the monthly salary becomes 1 lakh per month. Although that amount is deposited at the end of the year in the respondents account.So what will the court consider? another question, if the respondent has taken 5-6 loans say house, furniture, car, personal loans etc to show his expenses, will the court consider such loans while deciding the maintenance?
2 Answers from Attorneys
Re: Divorce & Alimony
the thumb rule : wife is entitled to live a life as per the living standard of the husband;
as far as salary is concerned, the court usually takes into account the gross salary, minus mandatory deductions like income tax, house rent, etc. etc.
voluntary deductions like payment of loans, or PPF, are not considered;
some insurances like mediclaim etc. are allowed;
however, there is nohard and fast rule; and the maintenace is not decided as an exact percentage of salary.
it is broadly to give the wife sufficient amount for her living, almost equal or half of equal of the standard of living of the husband.
please feel free to provide me exact details for an appropriate opinion based upon your facts. NO CHARGES.
Re: Divorce & Alimony
there is no hard and fast rule but as per latest judgement where salary of husband is considered, other factors are also considered if the wife is earning.
anyway the underline is that wife should get a respectable life as per the income of the husband.
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