how is maintenence calculated

Under the Hindu Marriage Act. sec 24 & scc 25 deals with the maintenance, which reads as bellow; quote

NOTE :- bellow is sec 24- Interim relief -& sec25 Permanent alimony and maintenance – for the purpose of sec 24 & 25 – separate application to be given mentioning the sec. – and petioner and respondent will be decided according to this petition.

24.Maintenance Pendente lite and expenses proceedings.

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be,

has no independent  income sufficient for her or his support and

the necessary expenses of the proceeding, it may,

on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

25. Permanent alimony and maintenance.

(1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the

respondent's own income and

other property, if any,

the income and other property of the applicant,

the conduct of the parties and

other circumstances of the case, it may seem to the court to be just,

and any such payment may be secured,

if necessary, by a charge on the immovable property of the respondent.

(2) If the court is satisfied that

there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had s*xual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

unquote.

NOTE :- bellow is sec 24- Interim relief -& sec25 Permanent alimony and maintenance – for the purpose of sec 24 & 25 – separate application to be given mentioning the sec. – and petioner and respondent will be decided according to this petition.

Your wife's present financial condition will be taken into counting.

At the time of counting if you decleare that you are part of a hindu undivided family, your parents income will be taken into account. But if you are not the part of a hindu undevided family then your father's income will not be calculated. but look at your and your's father's income tax returns, whether you showed yourself as a part of uhf - otherwise it may be a trap to you.

The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support. The phrase "unable to maintain herself" in the instant case would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow. Section 125 Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.

It is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. It gives effect to fundamental rights and natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves. The aforesaid position was highlighted in Savitaben Somabhai Bhatiya v. State of Gujarat and Ors. (2005 (2) Supreme 503).
 

No set formula is provided for the same however court while fixing the amount

The court before deciding the maintainance amount, it will take into consideration that who are all your dependants,  statutory deductions from your salary, then they lookinto your wife's earning capacity, her  day to day needs.  then the court will decide the quantum of money to be paid as maintenance.

the earning capacity of the wife is taken into accout.

ofcourse the amount standing in your name by whatever means you have got that will be taken into consideration

dear, maintenacne based upon the status of husband ,   as per law he is liable to maintain his wife as per his status . the amount of the maintenacne wholy depends upon the status of the husband

Subhash kumar, Adv

Good answer by mr prabhakar.Please sbmit the reference of the above.

Prabhakar is right- what a man earns he pays 1/3 in taxes to government and 2/3 to the wife. And the 2/3 amount paid to the wife is tax free. That is the bliss of marriage.

Dear

1.If husband show him unemployed.

2.Father is only governement employed.

3.Father has buden of family maintainence like three sons and one daughter,one wife.

4.Two sons and husband earning private business,there are not proof of income for them.

5.Residense and two peoperties gained by father by the income of three sons and one daughter.

6.Husband always showing in family court that he is unemployed.

7.Girl has not any income from any side.

8.Girl totel depends on mother and father.

9.Father of girl unemployed and maintain expenditure of family by daily wages.

Then how can girl find relief from husband?

Dear prabhakar,

Is there any judgement to corrobearte what u have written about the considerations made during finalisation of maintenance i.e liability of husband is to be takeninto consideration before deciding quantum of maintenance.

Recently I hv been asked by family court cuttack , orissa to pay 1/3 of my salary as interim maintenance . there the judge has cited some high court rulings which i m unable to write as i dont have the judgement copy right now with me .

Thanks to mr prabhakar for posting the judgement.

Thanks a lot Mr Prabhakar .

My case is in CRPC 125 . can  hma 24 be cited for crpc 125 .?

Or i hv to go for some CRPC 125 judgement for this ?

Thanks a lot Mr Prabhakar .

My case is in CRPC 125 . can  hma 24 be cited for crpc 125 .?

Or i hv to go for some CRPC 125 judgement for this ?

Hi How is the amount of Child Maintenance calculated Sir, If the wife is working. Kid is just 3 yrs. Currently might not need more money but gradually school fees, tution upbringing all will impact wife. How is infaltion accounted in such cases? Can the amount change if as per childs growing needs. In my case I am working and will not be claiming any alimony for self