quantum/proportion of maintainance from the income of husban
RAKHI BUDHIRAJA ADVOCATE
(Querist) 04 May 2009
This query is : Resolved
In one of my case the Hon'ble Court passed Rs. 2,000/- as interim maintenance, without giving the opportunity to defend the husband whereas the income of the husband is Rs. 5,554/- per month. Out of whish he is used to pay Rs. 2,000/- as rent for the accommodation where he resides. Besides that there are many more expenses for daily routine. More over, he is used to come at Delhi from Surat to attend the court proceedings. Against that order I'd filed a revision petition for which the Hon'ble court had asked me any judgement or law regarding the specific quantum of the amount of maintenance for the wife out of the income of the husband. If any of my friend has plz. refer me the same. Its most urgent. Plz. Thanx in advance.
Y V Vishweshwar Rao
(Expert) 05 May 2009
Madam !
The Maintance of the Amount to wife out of the income of the Husband defers from case to cae .
However the the Quantam of the amoutn is to be concluded - amount payable by husband - amount ncessary to maintain her reasonably, considerign the status of the husband , raising price ,& Spiraling inflation
Citation - Ravindra A Patil V/s Kavitha R Patil Cr Rvn Appin No;- 145/2004 dt;- 8-10-2008 Bom - Nagapur Bench - AIR APril 2009 NOC - 1012 - Bom-
it may give some guidence in your case
wiht regards !
adv. rajeev ( rajoo )
(Expert) 05 May 2009
I think 1/3rd will be deducted for the use of the husband and after deducting 1/3rd in theremaining amount maintenance will be awrded. I think so. I will verify and will send the ans., I had got one ruling I will try to send it immeidately.
SANJAY DIXIT
(Expert) 26 May 2009
Quantum of maintenance varies from 1/3rd to 1/5th of husband's income but it depends on many factors.
However waiting for the ruling from Mr Rajiv.
