Maintenance/Alimony

Querist : Anonymous (Querist) 23 March 2011 This query is : Resolved
My cousin recently had lodged complaint against her husband in DV and 498a due to physical harrasment from him and his family. Talks with them has failed hence my cousin wants to go for divorce. My question is that her husband earns good salary of around 40000 pm and my cousin is not even graduate. How much maintenance will she get from him. She also has a kid. And under which section she should book him to get more amount as maintenance.

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M.Sheik Mohammed Ali (Expert) 23 March 2011
you want more amount maintenance, you must proved that the husband getting Rs.40k PM after that the court will decided, you can file a petition under Cr.P.C. Act125

Jitendar Kumar gupta (Expert) 23 March 2011
she can get the maintenance up to 50% of the monthly salary of the husband, forthat she has to file a petition in the courts. If you need more call at 9868529732 or mail to:
guptajkin@gmail.com

Devajyoti Barman (Expert) 23 March 2011
It is generally 1/5th of his income.

Querist : Anonymous (Querist) 24 March 2011
Thanks all for the response.... One thing i wanted to confirm that my lawyer was telling that the maximum maintenance that she will get is 1500 Rs. And will there be any difference in the maintenance amount between post divorce and pre divorce.

Thanks,

Darshan Shah / 09892727182 (Expert) 25 March 2011
You need to prove the income and give the breakup of your cousin's expenses, then the court will decide as per the circumstances.

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