amaresh 02 September 2015

How much alimony_interim_maintenance have to pay

I am a hopeless son as well as a Husband. I am staying in my own house just like a un-wanted guests. whatever , My wife filed a divorce under section 13(1b) with interim maintenance under setion 24 HMA. we have a 6 year daughter. Her father is a Millioner. My wife is A MA in Environmental Science. Coaching student locallyy, May be i cant prove that. She is maintaining a High_class life style. She asks 25k per month as maintenance. She alleged that my salary is 33k & other income is abt 50k.

I am a govt teacher .My liabilities are follows.......Rs.6507/( Personal LOan)+Rs.4900/(HouseBLoan)+rs.8000/( maintenance given to my Mom by a Court Order)+Rs 1300/(Travelling fare)+Rs.300/(mobile bill)+rs 3000/(monthly food bill)+Rs 500(income TAX)+Rs 1500( Provident Fund)+ Rs 150(P.Tax)+Rs 400/(medical insurance)+ Rs 1200/( Medical cost-I am a patient of Thyroid & nasal problem)+ Rs 1300/( home Electric Bill)=Rs 29100/....

My salary is about 33k, so the cash in hand =33000-29100=Rs 3943/....I am a down to earth Guy . Not actually class conscious.thouhg my father is getting a pension arround 3300/ per month. From last 1 year I regularly sending money orders to my wife, but she always refused it....

So EXPERTS how much PROBABLY i have to pay as my maintenance to my wife???????

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5 Replies

prabhakar advocate (advocate) 02 September 2015

If you are earning Rs.33000/- and if you show with proof your expenditure as shown above, then the court may grant her and daughter the maintenance ranges from 7 to 10 thousand. If you prove that she is earning, then your quantum of maintenance payment may reduce restricting it to only daughter.

Prabhakar - Advocate

(M)9958670740

Laxmi Kant Joshi (Advocate ) 02 September 2015

Prove your liabilities by supportings evidences in the court, as well as her education and tutions earnings also then court can deny to pay any maintenance to her but you have to pay maintenance for your daughter, it may be 5000-7000/- .

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SAINATH DEVALLA (LEGAL CONSULTANT) 02 September 2015

1)  how many years since you have been married? 

2) alimony to be awarded is at discretion of court . it depends your income , years of marriage, life style of husband  etc.

 The amount of alimony to be paid cannot be fixed by law as it varies from case to case; the most important aspect is to maintain a balance while deciding the same. In divorce cases, the courts must factor in the wife’s status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort considering her status and mode of life she was used to when she lived with her husband.

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Born Fighter (xxx) 02 September 2015

Amaresh, gather proof of your wife qualification and income. How difficult it will be to send one dummy student to your wife for tuition for 10-15days , he/she will get you information about her earnings. Produce that in the court and deny maintenance to her.

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amaresh 02 September 2015

Marriage date was march , 2007, but she left matrimonial house on 2011 with my daughter.....plz give me your valuable suggestion..