Divorce
Rakesh chopra
(Querist) 03 June 2014
This query is : Resolved
Hello,
Please suggest to me that if my salay is 30K right now i am paying rent 13K per month just because of my wife have left to me with their all asscissaries(like sofa,tv etc).i donot have any liability like child and loan,my only monthly expenses 6K (including bike petrol,bills electricity,mobile,internet,Food all in cash no bills).
my question is In maintenance case is cout consider all cash expenses while decisioning or they required bills even small daily need food bills also.
Devajyoti Barman
(Expert) 03 June 2014
Yes, court doe consider your expenses as well but not so to minimise the maintenance amount to mere Rs.2,000-3,000/-.
Your maintenance order should be around Rs.5000- 7000/-.
Raj Kumar Makkad
(Expert) 03 June 2014
You shall definitely take into consideration the statutory deductions while deciding the application seeking maintenance.
Guest
(Expert) 03 June 2014
Your house rent cannot be treated as statutory deduction. Deductions, like income tax, gpf and premium towards employees insurance scheme, as deducted from your salary can be taken in to account. Rest of the income can be the criteria for fixing prorata amount for the purpose of maintenance of your wife.
ajay sethi
(Expert) 03 June 2014
generally 1/3rd of your net income would be awarded as maintenance .
Shonee Kapoor
(Expert) 03 June 2014
Yes, also if the case is in Delhi, the other assets/ savings would be taken in account.
You have also not mentioned, whether the lady is employed or not./
Regards,
Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
K.K.Ganguly
(Expert) 03 June 2014
1. Yes the Court will consider your all normal cash expenses,
2. The maintenance will be decided after deducting all your expenses from your net salary.
T. Kalaiselvan, Advocate
(Expert) 03 June 2014
Although there is no yard stick to fix the quantum of maintenance amount, generally the recurring expenses are taken into account as standard deductions after which the net income is derived to calculate prorata maintenance amount,but again it depends on the discretion of the presiding judicial officer.
Adv D P Jindal
(Expert) 04 June 2014
The court may allow maintenance of about 1/3 to 50 % of the salary. But you may pray that you are paying rent of Rs. 13k due to the goods belonging to your wife and also say you are occupying the big house for the use of your wife. You may ask your wife to remove her belongings from the house. It is not necessary to have bill/cash memo for your personal expenses. The Court have idea about that and the other party will also agree about the expenses. If the opposite party oppose about your expenses, the same will apply to her also and cannot demand more. Let the other party your wife say that the expenses for yourself maintenance is so and so, which will apply to her also.
