Divorce
Narender
(Querist) 05 October 2016
This query is : Resolved
Sir I am working in Air Force my gross salary is 42000 which includes allowance where as net salary is 17000 which includes loan repayment and fund deduction .10yrs marriage with 8yrs son. How much maintainence allowance to be pay if file divorce
Kuummaar AS
(Expert) 05 October 2016
There is no ready made answer.
Otherwise advice is SAVE YOUR FAMILY.
Advocate M.Bhadra
(Expert) 05 October 2016
Maintenance or alimony is given to a spouse during proceeding and after divorce in the form of a financial support. Alimony or maintenance is generally awarded if a spouse does not have sufficient means to take care of the reasonable needs of life.
Permanent alimony or maintenance is awarded by the court under Section 25 of the Hindu Marriage Act. However, this section empowers the court to award alimony even at any time subsequent to the divorce on an application being made for that purpose.
Maintenance or Alimony can be provided as a lump-sum amount (i.e., one-time payment), or as a monthly or periodical payment. Secondly, if it is provided on monthly or periodical basis, then it can be ordered to be paid during the full life of the spouse or for a period less than that.
There is no fixed formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. Husband’s own income and other property, if any.Income and other property of the wife herself.Conduct of the parties.
Other circumstances of the case, which may seem to the court to be just.Usually, all mandatory deductions (such as Income Tax, load repayments, etc.) from the income / salary of the husband would be considered to arrive at his net income / salary.If wife is employed / working and has her own independent sources of income, the same may also be taken into account.
Ms.Usha Kapoor
(Expert) 06 October 2016
I endorse Mr.Bhadra's opinion.
Rajendra K Goyal
(Expert) 06 October 2016
Many factors considered while deciding maintenance.
Court may not consider your loan installment payment. Only statutory deductions (like TDS / tax) considered.
Kumar Doab
(Expert) 06 October 2016
Try to save the marriage.
Expert Mr. Bhadra, Mr. Goyal have given inputs to you,on maintenance,alimony.
Guest
(Expert) 06 October 2016
Mr. Narender,
At present, there is no such problem with you. Your description, "if file divorce" clearly reveals, you are still to file the case.
So, your academic query has no relevance.
Divorce may not be at your sweet will. There must be some valid & solid reason behind that to file a case. Maintenance can be linked to your petition, when you file.
