Maintenance
Anand
(Querist) 29 March 2011
This query is : Resolved
Hi
My wife is going to file domestic violence case on me. My wife is working in goverment job and she is permanant. My wife is earning 6400 Rs per month. I am working in private company. I am earning 75000 Rs per month.
Can my wife get maintenance from me? How much maintenance my wife can get from me?
Thanks
Anand
M.Sheik Mohammed Ali
(Expert) 29 March 2011
if you can prove once she is GOVT employee you dont give maintenance for her, same time if you have children you must proved maintenance for children, the amount is laydown
Anand
(Querist) 29 March 2011
Hi
We have no children.
Thanks
Anand
Devajyoti Barman
(Expert) 29 March 2011
No, mere income of the wife would not spare you from giving her maintenance. The law governing the maintenance is the disparity in income between the spouses is taken into consideration. If the husband income is more than that of the wife's then he will have to provide her maintenance to keep parity with his status. The maintenance does not mean money for bare existence of the claimant but the living standard to which the wife would have been getting had she been staying with him.
Kirti Kar Tripathi
(Expert) 29 March 2011
I agree with Mr. Barman. The income of wife is not sole ground to deny her maintenance. There are several other factors relevant for determination of quantum of the maintenance such as status of family of parties, their earnings etc.
Santosh Goswami,Advocate
(Expert) 30 March 2011
Maintenance is granted keeping in view the economic conditions of the husband vis a vis the wife's capability to maintain herself.for detail call 09555462995
preet
(Expert) 30 March 2011
You have to give maintenance to ur wife, but one benefit you can take, i.e the amount of maintenance.
lawyerpreetkaur@gmail.com
R.Ramachandran
(Expert) 30 March 2011
Dear Preet,
I find your answers quite baffling.
What benefit the husband can take, by paying maintenance? Please explain.
Atuliya
(Expert) 31 March 2011
Mr Anand what do you mean by, "my wife is going to file a DV case" and why are you worried only about maintenance? The DV Act provides for other reliefs[equally if not more painful compared to maint.] to the woman.
Else, Mr Barman and others have already answered the query
