Legal Question in Family Law in India
maintenance
dear sir,
I have filled a application for divorce against my wife. she has left my house and this is the second time. She went to her parents three years after marrige and stayed there for three years. I brought her back through court but again after staying with me for three years she left the house. She has taken by 8 years daughter along with her. Case is going on. I again and again told in court that i want to take her back but she is putting conditions to stay near her house etc. Court ha put a maintenance of Rs 5000/ per month on me. Pl tell me how maintenance is calculated and on which grounds i should fight the case for child custody
regards
5 Answers from Attorneys
Re: maintenance
(a) Maintenance is determined on the basis of income of the parties.
a wife is entitled to live life in terms of standard of living of the husband.
usually, the courts awards 20% to 35% of husband's income for maintenance of wife and children; it depends on a number of other attending circumstances and situations which the courts takes into consideration.
(b) the child being 8 years old, her wish would also be considered by the court for grant of custody;
at this stage/age of the child, joint custody is preferred.
The best solution is to try for an amicable settlement with your wife instead of continuing this litigation.
Re: maintenance
Maintainance is calculated on the basis of income of parties,status of parties etc.There are several grounds on the basis of which custody of child can be contested but they differ from case to case.So contact with all details,if you need so.professional charges are applicable.
Re: maintenance
There is no fixed rule for the calculation of amount of maintenance as well as custody of the children. It all depends upon the facts and circumstances of each case. The amount of maintenance could be upto 40%.
Re: maintenance
Maintenance always calculated on the income of the husband. You have not disclosed your income from all sources. Wife is legally entitled to claim maintenance and lead her life according to the means and status of her husband.
You are required full details and facts of your matter to fight the case for the cusdoty of the child
Re: maintenance
for getting child custody i would like to examine your papers and know more facts
professional charges are applicable
thanx