Legal Question in Family Law in India

Maintenance-125

She filled case and maintenance demand against case 125 around 5000/-, And she is not able to gainfull so that my query is below,

1) My dauther is living with me, I am working at overseas with good salary, So how much max.monthly amount i have pay to her and what is basically proof required for reduced such maintenance.


Asked on 3/16/07, 11:49 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Maintenance-125

The demand of 5,000 is on a very lower side; in fact she can get much more under HMA. Therefore, better u volunteer this amount. Try reconcilliation, if possible.

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Answered on 3/18/07, 5:36 am
rajeshwar sharma rajeshwarnathsharma

Re: Maintenance-125

Answer to your query:-

Generally court will take into consideration your disposable income so you may create your liabilities such as loans, rents,P.F., insurance premium etc etc. court will allow you to deduct the amount/expenses which your spending on your daughter who is living with you. under 125 the max. amount which you have to pay is Rs. 5000/-

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Answered on 3/17/07, 9:10 am
Nandita Haldipur Haldipur Associates

Re: Maintenance-125

The maximum amount which can be awarded in your case is Rs. 5000/- as that is the amount claimed by her. You can show teh court your net salary after all the deductions for loans, pf etc. As the daughter is with you, you can also show all amounts required to be spent on her each month, for her food, education, if she is attending an extra curricular activites teh expenses on them etc. You haveto also show the amount which you require to spend for yourself like if your paying rent, your other expenses,If you have any other dependants on you like your parents then you can also show the amounts required to be spent on them

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Answered on 3/17/07, 10:01 am
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Maintenance-125

On an application filed under Section 125 Cr.P.C., 1973, your wife is entitled to monthly maintenance. You are on the receiving end, since the courts are sympathetic to women. If the child is with you, you may get some rebate, but you will have to pay your wife, the monthly maintenance. You will have to reduce your disposal income through legal means, which is difficult, given the level of mistrust, courts have of men. I suggest, you settle with your wife for a lumpsum, otherwise, you are in for a long drawn legal battle.

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Answered on 3/17/07, 10:17 am
G. M. Gupta gmguptaandassociates

Re: Maintenance-125

in the present case as she has demanded 5000 so max u have to pay is rs 5000/- if its not a big amount for u then pay it

if its a big part of ur salary then request the court to allow lesser amount and then give details of ur expenses. as the child is living with you, it will benefit you.

make settlement for one time amount or try reconcilliation.

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Answered on 5/01/07, 2:16 pm


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