Divorce

My wife works @ a bank and earns INR 35,000/pm, I work for a corporate and earn INR 40,000/pm (I have heard of a formula which is used by judge to derive the amount - I guess!!!)

There is no any formula for deciding the amt of maintanance. You'll not be required to pay any maintainance to your wife, however, you will have to pay maintainance for your daughter.

 

2) How many more stages of proceedings are still pending considering this is the last witness from her?

After her evidence is closed, the matter will be fixed for arguments and then judgment.

 

3) How many months after the decree of divorce (final judgement) can I remarry?

90 days, if no appeal is pending.

 

4) Is final judgement equal to decree of divorce.

A decree is drawn after judgment.

Dear querist, Before passing the order of maintenance the judges considered the following fact sources of income of both parties, their assets, liablity and their earning. It is earlier to predict that how much the court will grant maintenace as it is totally depends upon the discretion of court. As it is the last witness after that argument will be he held and the court will proclaim the judgement. After the 90 days from the decree of divorce you can remarry if the appeal is not filed to higher court and if appeal is filed then you can remarry after 90 days from the disposal of appeal subjected to further appeal.

Amout of Maintainance is as per court discretion.

 

it is mainly decided on the bases of Standard of Living of the Husband.

 

and as Adv. Archana said you donot have to pay maintanance for ur wife but for ur child yes

have you filed the salary slip of your wife who is working if not then take her salary slip of past three months and file as evidence to support to reduce the maintenance as lot of judgement are there to support that if wife is working no maintenance is granted and for your child is less then 4 years for her you have to pay maintenance 

after final judgement there is a limitation period of 90 days for any party to appeal before the next higher court for reconsideration or the judgement is not on merits and lot of points will arise to appeal 

and if there is no appeal or the judgement is final then you can marry anyone