Legal Question in Family Law in India

Maintenance

My wife has left my house on her wish and she did'nt return back even I requested her no of times. This is the second time she has shifted to her parents house. I fikled a case of divorce agsinst her and she filed a case of maintenance in court near ro her house.

My salary is Rs. 26000/- per month cash in hand. My 8 years daughter is staying with her mother . My wife is MSC Chemistry, Bed. Though she is working in a school I have'nt got any proof. How much maintenance judge can award to her and my daughter

Regards


Asked on 9/25/08, 12:27 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Maintenance

there is no hard and fast rule regarding grant of maintenance as it depends upon the expenses and life style of both the parties. if you know your wife's place of work, u may summon the records from there. in the present circumstances if u getting 26k in hand, atleast 10 k may be granted as maintenance. you may call upon me giving all the details of the maintenance case at 9811284735....

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Answered on 9/26/08, 4:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Maintenance

you should be ready to pay something around eight thousand to ten thousand even if your wife is working. the child is responsibility of both of you. the expense on the child has to be born proportionately; if you make 26K and she makes say 10K, you will need to spend at least 10K to help her maintaining the child and herself.

basically, the law is that she is entitled to same "standard of living" as she was enjoying prior to separation; without going into the 'fault' theory.

You should try for an amicable settlement in the interest of your child and married life. the litigation is going to be tiring and costly. think again. it is a matter of your family life.

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Answered on 9/25/08, 2:34 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenance

You are liable for maintenance to your daughter but as your wife is working the court may take the same into consideration. Amount depends on court's discretion.

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Answered on 9/27/08, 2:19 am


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