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Sonu gupta (Non e)     29 December 2023

Alimony and maintenance issue

I am 27 lady one boy child of 2 year and soon going file complain on my husband as he is working in central govt and having salary of basic salary 45000 and in hand salary of 80k and I have completed post graduation in arts my husband don't have any property on his but ancestral property on his mother's name ...in this situation how much alimony or maintenance should I demand and as per view how much can court grant me??..I just want numbers ki how much one time alimony or maintenance should I demand for me and my baby and how much time will case closer in today's date ??(how much months in between 1st sate n 2nd date n so on))


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 7 Replies

SAM (LEGAL)     29 December 2023

...in this situation how much alimony or maintenance should I demand and as per view how much can court grant me??

Ans: Court will decide how much monthly maintenace you would get but generally court grants 3,500 or maximum 5,000 rupees as monthly maintenance.

I just want numbers ki how much one time alimony or maintenance should I demand for me and my baby and how much time will case closer in today's date ??(how much months in between 1st sate n 2nd date n so on)

Ans: per month you can get 3,500 or 5,000 monthly and for your baby he will get 5,000 monthly maintenance. Monthly maintenance depends upon court

 

T. Kalaiselvan, Advocate (Advocate)     29 December 2023

If you are not employed and do not have any source of income to sustain your expenses then you can claim maintenance for you, however you can claim maintenance for your minor child eveb otherwise.

If he is employed and not taking care of you and your child then you can file a maintenance case under section 125 cr.p.c. for both of you.

The monthly maintenance may be granted around 35% of his take home salary.

One time alimony can be claimed when you have divorced him that too provided you produce his income with documentary evidences in order to enable court to form at a decision. 

Sonu gupta (Non e)     29 December 2023

Thx all ...Mr.kalaiselvan sir..plzz clear whether hid basic salary 45000.. will be counted or.. whole salary like govt allowances HRA n TA DA combining his salary goes to 80k..which one will be counted in court ..

T. Kalaiselvan, Advocate (Advocate)     31 December 2023

The court will consider the substantial documentary evidences produced before it while considering the maintenance case. 

It is the burden of the petitioner to establish the income of the respondent. 

Sonu gupta (Non e)     07 January 2024

Sorry to say but still sir I am getting exact answer of my question...that is maintenance or alimony will be decided in "basic salary of 45k "or inland salary which" includes HRA TA etc. 80k...or gross 90k.."as he is" central govt employee"...which salary will be decided as base for maintenance or alimony???

Dr. J C Vashista (Advocate )     07 January 2024

It will include income from all sources (Rs. 90,000/- salary as part of income) in terms of Supreme Court judgment in Rajnesh V Neha (2021) case.

You may demand "moon" to get "coconut" if you are unable to maintain.

Being well qualified and able bodied person you are required to earn livelihood for yourself, your son and family.; 

No one (including Brahma ji) can predict as to how much time the court will consume to decide maintenance for you and your son since it depends upon verious factors, it differs from Court to Court; pendency of case(s) in the court; cooperation of parties to lis; unforeseen eventualities; availability of judge and lawyers from both sides; so on and so forth

Sonu gupta (Non e)     07 January 2024

Vashisht sir ..thank u ...so if 90k is gross salary so I can get 30k monthly maintenance??...is there any time limit or for whole life ??..also plzz suggest that one time alimony is gud or monthly??..(as per 30k os equivalent to how much lakh??..can I get 50 lakh??))))as per his salary?


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