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Sagar (developer)     25 August 2014

Maintainance: how it decide and how much

Hi All,

i would like to ask regarding maintainance. My wife leave my home by her own and staying at her mother's home. Now they are submitting a case for maintainance. I would like to ask, how much maintainance cost would might approve and what parameter I use so that, maintainance cost would be lower?


Just FYI, She is from very poor family. I have a home loan.



Learning

 5 Replies

Adv k . mahesh (advocate)     25 August 2014

will decide from your salary, deposits, loan emi, any expenses like medical, after considering all final amount with 1./3rd amount 

40000, means she will get 10,000 and if any kids for them also

i think you want to pay her maintenance then without going to court also you can pay her directly 

Sagar (developer)     25 August 2014

thanks Mahesh Sir,

We don't have any child.  You means, if supose I have 50,000k is salary, 20000/month goes into home loan, so remaining 30000 ... 1/3 rd of 30k i want to pay as maintainance.

I don't want to pay a single coin, but they are filling the maintainance case.

What are the alternative so that I can save my money.

my father is pensioner. If I say, I want to give 10k/month to my parent as they requested and care for me till date.. is that sufficient/considerable?

Laxmi Kant Joshi (Advocate )     25 August 2014

If she is not well educated and a non working woman then generally court grants the maintenance amount to the wife , if you want to minimize the maintenance amount then you have to show liabilities on you .

Sagar (developer)     25 August 2014

Thanks Laxmi Kant sir,

 

on which basis, I may apply for judicial seperation and in juducial seperation period, can I go out of india for work?

Laxmi Kant Joshi (Advocate )     26 August 2014

you have not given the facts that when was your marriage solemnised , when and why your wife left your home , what allegation she is imposing upon you , what sort of efforts you have done to make amicable solution to bring her back what is her reaction , what relief you want divorce or wants her back , be one thing cleared you must be physically present before the court at the time of filing your case and at the time of evidence and cross examination , other proceedings will handle by your advocate .

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