LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fight for justice (manager)     22 March 2016

Child maintainence

Wife has filed DV and 498A against husband and other family members. She is working in good Govt job (class I gazetted officer) and has govt allotted flat. wife is demanding huge maintainence for child. under DV. Judge has stated that interim maintenance will be decided on basis of financial status of both parents. 

1) Can the Judge award interim maintainence solely on basis of salary of husband? ( we have been told that about 20% can be awarded ) If yes, then is the gross salary considered or post tax salary (take home)? Will husband's own expenses be considered or not?

2) Is % of salary only criteria or does the court also consider what would be the reasonable expenses for the child? eg if reasonable expenses are determined as Rs 25,000 and 20% of salary is Rs 60,000, will the court award 60,000 or will they reduce it to be in line with the reasonable expenses?

3) if wife has made a prayer claiming certain amount of maintainence, can the court order maintainence more than the prayer amount?



Learning

 4 Replies

saravanan s (legal advisor)     23 March 2016

As far as the child's maintenance is concerned both the income of the parents would be taken into account.you can also produce proofs for the financial commitments you have before the judge and that will be taken into account.

dr g balakrishnan (advocate/counsel supreme court)     23 March 2016

498 a has to be read with sec 41A of cr.p.c so you cannot be easily arrested as supreme court gave a verdit a few days back. pitiable lawmakers do nt know their job so too home ministries of every state, why policl to read the sections so too public prosecutors, so too the lawyers, what kind of india we are in one needs to think loudly.

dr g balakrishnan (advocate/counsel supreme court)     23 March 2016

women can resort to sec 125 of cr p c so that 50% of of husband's income can be attached.

ANAMIKA VICHARE (LAWYER)     24 March 2016

The maintenance o the child is both parents responsibility  and itis not absed on percenatge but it is based onthe actua l expoenses taking into consideration the standard of living and status of the parties.  Remove allanxieties from your head.   First offer some quantum of mainteannace taking into consideration his education and mediacl and food etc.. city's standard of living...so taht you leep goo impression.  If yo fight too much, mainteannace garnt will be more   You should hsow your bonafides, it is your child and of course maint awarded to the child is not luxury


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading