tanmay (project manager) 28 February 2012

Maintenance amount---kindly suggest

hello all of my friends,

i am tanmay arora, an IT professional. i need your valuable advice. i want to calculate roughly the amount of alimony to be given to wife and child during MCD. facts are:

1) my annual income is 18 lacs per annum, working in IT company banglore. wife is also working she earns 6 lacs per annum.

2) my 3 years old son also lives with her.

3) she is legally joint registered co-owner of a row house that i purchased from my hard earned money, all the EMIs being paid by me. at present its cost about 60 lacs, still loan of 25 lacs is pending.

i donot have any other major liabilities. i am having 1 another flat in gurgaon,and i transferred that flat on my brother's name.

please let me know maximum----minimum amount that i should be given to wife and child as alimony/divorce compensation.

Reply Follow

8 Replies

Adv Archana Deshmukh (Practicing Advocate) 28 February 2012

How much you want to give to your wife is your choice. See how much she is demanding and then decide whether it is ok for you. As far as your house is concerned you can get your house back in its entirety.

adv. rajeev ( rajoo ) (practicing advocate) 28 February 2012

I agree with Archana

tanmay (project manager) 28 February 2012

thanks for the replies, she demands very high. but i want to know what is legally appropriate as maintennce to her and child. i present my facts, pl. suggest what your experience says? how much i should pay.

whatever i wil pay, i pay using loan etc.

swagath (md) 28 February 2012

legally she will not get any money as she is able to mainatin and she has got enough income nothing to pay say tata bye thats all there are lots of judgments of karnataka high court onlu you prove with documentation that she is able to mainatin thats all

tanmay (project manager) 29 February 2012

thanks mr.swagath, yes she is able to maintain herself, but what should i do as she is legally co-owner for rowhouse which is of 60 lacs (today) and loan of 25lacs still pending. as well as child's compensation.

she wants 1 crore.

thats y i want to knw what should be genuine TOTAL amount to be paid?

(Guest)

In Mutal consent divorce its up to both of you to agree on the amount and if you disagree on it and that you can contest your case. Ultimately the minimum or maximum amount would be fixed by the court there is no hard and fast rule normally they say that 1/3rd of your salary would be for child maintanence but as your wife too is earning that too would be taken into consideration and hence different factors would count ..As she is the co-owner to your house she may ask for a share in that even though she has not paid a single EMI or demand for seperate accomodation .As for your son you would have to pay maintanence and as she too is earning you can always argue that she too has to share the expenses of the child .

tanmay (project manager) 29 February 2012

1/3rd of salary---e.g. total salary 18 lacs...so child maintnnce apprpx 6 lacs---- now 6 lacs multiplied by how many years to calculate lumpsum amount?????? any idea??????