S.B _Kolkata (Service) 30 March 2010

maintainance for wife and kid

My CTC is 3.4 lakhs working in a pvt company. Out of that I am paying Rs50,000/- apprx for the various insurance premium. Also Rs 10,000/- apprx is being paid in every year as telephone bill by me. So in this regard how much maintainance amount shoud I pay to her in every month?

Secondly, My brother is working at abroad. Does they (wife and in law) put him in trouble by means of false case or demanding money? Should my brother's income or any other be considered while calculating the maintainance amount?

Regards

Rajkumar

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10 Replies

jyotirmaya behera (advocate) 30 March 2010

who demanding money form your brothe & why?

(Guest)

For 1. Which Section of the Act / Code this que. relates to?
For 2.. If she wants she can always file DV against your brother.Concerning seeking maint. from BIL it is not position of Law. For 'acquital' it is a matter of trial so can't comment now.
All the best.
Rgds.

jyotirmaya behera (advocate) 30 March 2010

this is related to under HINDU ADOPTION & MENTENANCE ACT 1956

jyotirmaya behera (advocate) 30 March 2010

IF she demanding money with false case that means giving threating & indirectly its black mailing.

(Guest)

Sh. Behera ji,
(in the absence of any such mention by question seeker)
How do you know THAT !
Rgds.

Suryanarayana Tangirala (Advocate) 30 March 2010

Maintenace will be awraded keeping in view income of husband by court no straight jacket formula for awarding maintenace,decent life style as per the life she lead in her martimonial home is the thing of consideration of course income of husband.

There is nothing in law allowing your wife to demand maintenance from ur brother.

S.B _Kolkata (Service) 31 March 2010

Thanks to all. She is staying at her father's house for last 08 month with my kid. She does not wants to stay with my family but to stay with me separately. After my several request she did not came back and now started to fabricate false story regarding her mental and physical torture. Also she sendind sms comprising of huge demand of money as she need to clear the dues taken from her father.

I have clearly replied her that all the expenses regarding my spouce and daughter will be bore by me undoubtedly, but she has to be stayed with me according to my financial status.

Now I apprehend that she may file false 498a/DV case against me and my family. So in this situation what effective step should I take to protect my old poor parents first. Still I am sending her money in every month.

Suryanarayana Tangirala (Advocate) 31 March 2010

Send money through bank or Money Order let there be a proof,why dont u file case for Restitution Of Conjugal rights?

Abhimanyu (Officer) 11 April 2010

Dear Pal,

You have a serious problem and you will agree with me that narrative of case given by you lacks essential desription and it will be impossible for any expert to advice an effective solution to you querry.

You must never forget following requisites of a good writeup-

'ABCL Rule' where - A- Accuracy ; B-Brevity ; C- Clarity & L- Logic)