Pls calculate maintenance
Querist :
Anonymous
(Querist) 06 March 2018
This query is : Resolved
1. If a woman is educated practising Dr but does not have sufficient income (below 50,000 pa)
2.Unable to work full time due to back problem and other problem
3. Husband earns around 1 cr per year.
Pl calculate how much interim maintenance she can get by filing 125 crpc
Vijay Raj Mahajan
(Expert) 07 March 2018
The Family Court while deciding the maintenance for the wife consider the income of both parties as well capacity to earn even if either of them unemployed or not working.
In the present case wife qualified doctor not working regularly has less than Rs50,000/- PA income as per her own admission, her actual qualifications, namely if she is mere graduate doctor or has post graduate or higher educational qualifications that enhances her capacity to earn if on regular job or private practise will be taken in account. The requirement of the wife, the amount bare minimum required for her routine expenses and based on the lifestyle she was enjoying during her stay with the husband at the matrimonial home. All this will be considered by the Family Court.
The income of the husband and his expenses will be taken in account while passing any order for maintenance for the wife.
In the given case the maintenance for wife may be provided up to 1-1.5 Lakhs per month considering the income of the husband about 5-6 Lakhs per month and keeping in mind his expenses, provided there is no child of the parties.
