How to calculate maintenance
santosh kumari
(Querist) 02 January 2014
This query is : Resolved
Hello experts
Me and my in laws have decided to talk on divorce issue,my husband is mariner and is sailing .although I was not expecting to talk on this without him,but am not sure when he returns back also.now thing is ,elders are suggesting to go for mutual divorce and take lump sum money for my compensations. and about daughter it depends how much I ask.
Now experts,I want to calculate this .but am not known what are the key points on which I should ask.do you have any formats for calculating this?
If yes,kindly suggest.
Nadeem Qureshi
(Expert) 02 January 2014
Dear Querist
there is no specific formats for calculating, its depend on the facts and circumstances, its different, depend on case to case.
Devajyoti Barman
(Expert) 02 January 2014
Yes generally it is around 1/4-1/5th income of the husband if calculated on monthly basis.
For lump sum only parties concerned can give idea.
santosh kumari
(Querist) 03 January 2014
OK sirs,
Me and my daughter are two individuals,husband is earning 20 lakhs half yearly since 2008.
Any rough estimate ,how much should I ask?
Whom should I approach to know about this,as my in laws will not get convinced when I will argue with them.there should be solid reasons behind this
K.K.Ganguly
(Expert) 03 January 2014
1. It is purely based on your assessment of your future requirement of money for both of your sustenance with your husband's money & also his ability to pay the same,
2. You put forth your argument on the above line basing on the future requirement of money for your child's upbringing, education, marriage etc.as per your status.
Devajyoti Barman
(Expert) 03 January 2014
I think 50 lakhs should be reasonable demand for yourself and the children.
Shonee Kapoor
(Expert) 03 January 2014
I would not hazard a guess.
Regards,
Shonee Kapoor
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V R SHROFF
(Expert) 03 January 2014
I too agree 50L is right amt
T. Kalaiselvan, Advocate
(Expert) 04 January 2014
While granting maintenance to wife u/s 25 of HMA the court has to first assess income of husband. Where the husband is engaged in a particular job his income is his salary which he receives from his employer. In such a case court has to assess his carry home salary after deducting compulsory deductions from total emoluments. The maintenance can be fixed with reference to the costs of living as of today and future rise in the costs of living on approximate basis. No permanent alimony and maintenance can be granted unless the written application furnishing all details regarding his or her own income or other property is made and further an opportunity has to to be given to the other side to put his/her defence.
santosh kumari
(Querist) 04 January 2014
Thanx alll experts
Here ,I would mention that I belong to retd naval sailors daughter whose salary was 50,000 in2007 when my papa retired from Indian navy,I was born n brought up in cosmopolitan environment ,studiedat kochi,Mumbai,delhi,Bhopal.I am B.sc.BEd.,MBA.
About my in laws father in law is also retired from Indian navy in 1997.,now working in Mangalore port as Tug master,1997 to 2012 was having salary 45,000 + overtime (20-30,000)
2.has 15 begha land at village,
3.have 2 sons n one daughter (eldest daughter, then my husband,and younger brother in law)
4.has got officer quarters with 3 bed room flat with 2 bathroom,full time unpaid govt maid quarter.
5.has 3 bed room flat at vaishali nagar,Jaipur
6.younger brother in law is doing supari business ( battle nut) since 2010 with an investment of 8 lakhs in partnership ( each partner paid this)
7.husband is in job since 2008
8.in 2013 ,they bought a bungalow at sikaar in Rajasthan which was sold in emergency in 80 lakhs by owner but not less then 1.5 crore.I can show the photo of that house to you.
But I know in paper they will prove as if they have nothing because in these 4 years they did not gave me single rupees,what I earned as teacher they took that amount also
Hope now you are now clear with my economic status.still their much of property is undisclosed to
me,
During my wedding,I calcualetd 12 lakhs expenditure .the collage where I did my MBA is having fee 9 lakhs,
Now what you say experts?
This money will decide the life for me and my daughter ,kindly again look into the matter n tell me
Thank you so much
santosh kumari
(Querist) 04 January 2014
In 2012 ,my father in laws salary increased and is 80,000 per month+ overtime he does( 40,000) + pension from Indian navy 12,000
Now that may have increased,
Devajyoti Barman
(Expert) 04 January 2014
You are already advised. Now it is your call.
ajay sethi
(Expert) 04 January 2014
your husband is earning Rs 40 lakhs a year . ie more than 3 lakhs per month . ask for Rs 1 lakh a month as maintenance for you and your daughter .
santosh kumari
(Querist) 05 January 2014
Sure sir,n lump sum ..how much?
as we are deciding to finish the matter,n move in our lives.?
They are getting rent of Jaipur flat 13,000 per month
ajay sethi
(Expert) 05 January 2014
Rs 50 lakhs as suggested by Mr Burman and Mr shorff seems to be a correct figure .you can ask for crore but settle for Rs 50 lakhs
prabhakar singh
(Expert) 05 January 2014
WHEN HUSBAND IS SAILING HOW CAN A MUTUAL CONSENT DIVORCE PETITION BE FILED.?
YOU HAVE TO NEGOTIATE WITH HUSBAND AND NOT INLAWS.
YOUR'S IS A REPEATED QUERY.
santosh kumari
(Querist) 05 January 2014
Prabhakar sir,you are right.
I am the same person,east time I was asking about legal action to be taken,this time ,it is as per the advice of elders of my family.sir,don't consider me as someone wasting your precious time.I know this over well.
Now sir,father in law is coming to talk on issue as I told via mediator that ""had suffered a lot,n will knock the doors of for justice"
But all are suggesting to finish it ,get divorce
end.
K.K.Ganguly
(Expert) 05 January 2014
1. Your spending Rs.9 Lakhs for doing MBA has no bearing on your maintenance claim & so is your father-in-law's property or income,
2. Your husband gets Rs.20 Lakhs half yearly & generally sailors are not paid when they are not sailing. If he is sailing for 6 months in a year, then his annual income is Rs.20 Lakhs being Rs.1,66,666/- per month,
3. If the above salary structure is correct then your monthly maintenance amount granted will be around one third of of his take home earning being around around Rs.55,000/-,
4. Based on the above calculation a claim of Rs.50 lakhs as one time payment seems to me alright.
santosh kumari
(Querist) 05 January 2014
k.k.ganguly sir
1.agree with your first point
2. You calculated correctly, right now he is sailing as iii engineer in oil tanker ship.his salary will go up to Rs 7 lakhs per month .normally sails 6-7 months a year
3 you said 1/3 of his salary,here I want to mention that we are two individuals,my 2 year old daughter and me.then also will it be 1/3 ?
Rs 55,000 will it remain same,or will increase when he gets permitted to next rank
Tomorrow he can come and sit at home telling that is not well then??
4. If it justified,I will ask for Rs 50 lakhs
Now can I ask them
A) full furnished flat on my name at Jaipur as they have for their younger son
B) alumni
C) fixed deposit for daughter's medical,caring,education ,marriage + any casualy
D) for myself
santosh kumari
(Querist) 05 January 2014
Dear experts
Can't I claim in father in laws income?+ his property?
He( my husband ) has triple joint account with his papa and mummy .Same account on the name of 3 individuals.his salary going to his papa's account all time.
Devajyoti Barman
(Expert) 05 January 2014
No
You are asking for too much.
Do not drag this thread any more settle for what has been advised.
santosh kumari
(Querist) 05 January 2014
OK experts
I will move according to your advice
Thank you so much
V R SHROFF
(Expert) 05 January 2014
As MCD, amt is negotiable, and neither Judge, nor we can interfere.
It is absolutely your privilege.
Your H may or may not agree..
