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FightForCause (Businessman)     25 November 2014

Intermin maintainence challenge ( change of circumstance)

Dear All,

I need some advice on challenging intermin dv order , as there has been a change of circumstance.

History

Marriage 2010

Wife Leaves 2011

DV case filed June 2012

Detailed affidavit submiited by both parties in order for judge to decide interim amount.  While affidavit was filed wife was not working , but she is highly qualified and capable of getting job .

Interim maintanance order passed after 6 months amt 10K per month ( being paid on regular basis) 

As of today we get proof from job portals that she is working. 

The case is pending at wifes cross examination pending mar 2015 , now can i file application for cancellation of interim as she is working and we have proof to show the same .

or Should we wait for her cross to complete which is in mar 2015.

 

 

 

 



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     26 November 2014

It wont work in your favour, because the court would have  decided and ordered this alimony based on her qualification and her ability to work in near future also. 

Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce.

The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.

For example, if the husband has a take home income of one lac per month and the wife has a take home income of twenty thousand and they have no children in a marriage of 2 years, then the wife can theoretically get Rs.4000 as maintenance. How? The total take home income is one lac and twenty thousand and twenty percent of it comes to Rs.24,000. So, the woman gets Rs.4000 per month, so that her total income (her income+maintenance) becomes Rs.24,000.

If the couple have a child and the woman has the child custody, then she may get a maintenance amount of Rs.10,000 to Rs.16,000 per month so that her total income becomes Rs.30,000 to Rs.36,000 per month. Apart from that there can also be a judicial order defining the details on how the expenses for high studies of the child are shared. If the child decides to stay with the father after the age of 5, then the maintenance amount to the woman gets reduced accordingly.

If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.


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