maintance CLAIMING.
M Ravinder Babu Advocate Parka
(Querist) 09 February 2010
This query is : Resolved
Husbend earning 70000/per month as salary.wifejust earning 6000/per month.A CHILD AGED 16 YEARS AND STUDYING 9TH.HOW MUCH MAINTAINANCE CAN BE CLAIMED.
THE WIFES EARNINGS ARE NOT SUFFICIENT EARNINGS TO MEET THE PRESENT SITUVATION.PLEASE ANSWER.
R.R. KRISHNAA
(Expert) 09 February 2010
There is no straight jacket formula for calculating maintenance. The living conditions of the wife and children, thier financial requirements and their other necessities, husband's salary etc, etc form a basis for arriving at the figure of maintenance by the court.
Raj Kumar Makkad
(Expert) 09 February 2010
Whether the son is residing with his mother? If yes then maintenance qua him is also to be demanded.
In the given matter at least Rs. 15000/- per month as maintenance allowance can be granted to the applicants.
Jayashree Hariharan
(Expert) 09 February 2010
Maintenance should be calculated as per the needs and wants of the wife and child, if the child is residing with mother (since it is a son)- lifestyle, education, medical, daily needs, etc.
Parveen Kr. Aggarwal
(Expert) 10 February 2010
Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956 defines maintenance to include provision for food, clothing, residence, education and medical attendance and treatment.
So, it will depend on the proof of amount required in this particular case for meeting the said requirements of the wife and the child.
If the child is daughter then, the reasonable expenses of an incident to her marriage shall also be included in maintenance by virtue of clause (ii) of section 3(b).
