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Praveen Kumar (Not working)     03 January 2011

quantum of maintenance

 

My wife who was an divorce prior to marriage with me has filed125CrPC. Here she has admitted verbally to the judge that she has taken money in her last marriage but not willing to give divorce even after an alimony. 

My past salary was 22k and present salary 12k. On my last years balance sheet i have a loan of Rs 2 lacs and will be taking a loan of 2 lacs for my mothers treatment. On 3 Feb when I submit my reply on 125CrPc. , my income would be Rs. 12k monthly and a loan of Rs. 4 lacs. My wife was working earlier and I have the proof. what could be the maintenance amount I may have to pay.



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 7 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     03 January 2011

How much money she had taken in first divorce ? How much interest she is earning on this.

Is she educated or not ?

Whether she has worked earlier or not ? How much she was earning ?

Have you kicked her out or she went away on her own ?

Do you have any child from this wedlock  or not ?

Please specify all above first to analyse the issue.

 

1 Like

Praveen Kumar (Not working)     03 January 2011

In her admission she has taken 3 lacs from previous marriage

She is B. Sc Maths and Advance Diploma in computers. Myself husband is Dipolma in Hotel Mgmt and 2 years certificate in Business Mgmt.

She was working in past with BPO's like GE, Standard Chartered. He last salary was 20k approx. Even as per her last ITR she had income close to 17k a month

She has left home on her own though she has to say that she was kicked. I had filed RCR but she refused to join back and finally I withdrew RCR when she was too much adamant.

A 10 months baby girl is there from this wedlock.

She is seeking a maintenance of 45 k a month and says my income is 62k a month, where as my monthly income has never been beyond 24k

 

Ashok Yadav (Lawyer)     03 January 2011

The court will take all these thing in account while considering maintenance for her, she will have to prove that your salary is 65 k, only on her statement the court will not make any mind. The quantum of amount depends on the court it will take its decision after considering all the aspects, no one can tell the exact amount with going through the complete papers and arguments on record.
 

adv. rajeev ( rajoo ) (practicing advocate)     03 January 2011

It is the descretiaonary power of the court to grant maintenance amount. 

Praveen Kumar (Not working)     03 January 2011

Ok agreed that its the courts power. but there will be some rules which they would follow and as lawyers you have idea what could be the amount

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 January 2011

Court only can decide. however you submit all relevant papers before the Court

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 January 2011

The amount normally is 1/5 of net take home salary minus geniune expenses and in some cases upto 2/3 has been awarded.

It all depends on the facts and circumstances and wish of the judge.


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