What would be maintainance amount to be paid
Querist :
Anonymous
(Querist) 04 March 2011
This query is : Resolved
I am getting Rs 60000 p.m salary in a private college. My wife also earns in a private comapny as a finance consultant, i feel, nearly Rs 50000. But, she claims she is ahving only Rs 10000 salary p.m. We ahve a child. She has filed a petition for maintainance demanding Rs 30000 pm as maintainance.What would be the possibilities of maintainance to be ordered in this case? Is there any maximum limit of the maintainance amount ot be paid in accordance to the law?
Tajobsindia
(Expert) 04 March 2011
1. From your 60 K 30 K is your expenses rest is for distribution based on liabilities of husband. From her 50 K (if proved by witness statement) then 25 K is for her expenses and rest amount is not considered.
2. Out of this wedlock a child is there.
3. Hence, she is not eligible for maint. for herself since she is shown to be working. But child maint. is to be granted by concerned Court.
4. Since it is duty of father to maintain a child, from both of your and hers left out maint a shared maint in the name of child shall be given.
5. I feel looking at age of child and growing up needs a reasonable amount of 10 K may get awarded for child support which would be shared equally by both parents i.e. 5 k each.
6. Hence expect outflow towards child maint. only for near about 5 K as maximum.
Devajyoti Barman
(Expert) 04 March 2011
In the proceeding under section 125 cprc the mere employment of the wife is no round to nullify her clam for maintenance. The court would compare the status of the parties and in the even of great disparity the wife is very much entitled to maintenance for herself. For children she too can get the maintenance from you. As long as she could establish her income around 10,000 and yours 60,000, you can avoid the maintenance both for your wife and the child.
Dayananda Gowda
(Expert) 04 March 2011
you have to prove before the court that she has getting sufficient money for her livelihood to avoid the more maintenance amount.
Querist :
Anonymous
(Querist) 08 March 2011
Thank you very much for all honourable experts for answering my query. I would be grateful to you if you clarify the following:
As a learned man, I am ready to support my child but not for the wife since she is richer than me. Also she may get a family share of property since her parents have two daughters only. I dont have any property and earning this amount only for the last two years. Before that, my income was only Rs10000 p.m.
My job is purely private in teaching profession and in future, the institution may send me out or I may resign and join in another institue with a different salary. If the employers get more candidates, they may bargain for a less salary. Will this type of uncertainity or fluctuations in the job be taken into account during proceedings or will the maintainance order will be based on the present salary only? Please help me to move accordingly.
