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Naman P. Charan (Shop)     21 August 2021

Maintenance calculation after increase

Sir, how does the court calculates the amount of maintenance in a divorve case? In case a person swiches his job after few years of divorve and gets a spectacular raise in his salary by the new company, will it have an increasing effect in the maintenance amount paid to the wife also?



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 3 Replies

Dr J C Vashista (Advocate)     21 August 2021

All assets and liabilities of the respondent has to be considered before awarding maintenance to petitioner.

Prima facie it is an examination hall question paper, it would be better to avoid academic topics

Awertika Shrivastava   21 August 2021

The Supreme Court in one of its landmarks has set a limit on the maintenance that a husband must pay to his divorced wife, stating that 25% of a husband's total income may be “just and fair” as alimony. suitable for monthly maintenance paid by husband and wife. No bench is assigned a one-time total value, but usually, this is from 1/5 to 1/3 of a partner's total value. The law of India, and it is not possible as it depends on the facts and circumstances of each case.

In India, maintenance payments are regulated according to the rules of divorce and under the terms of the Special Marriage Act. A tour of how alimony is calculated under various Indian laws is given below.
Alimony in India can be calculated according to the following features:

Monthly spouse income (excluding tax)

Sources of education and payment of services

Number of years of marriage

Number of children and child custody

You can calculate how much malimony / maintenance you can get or have to pay using the following formula. However, this is not a completely accurate and accurate shooting method.
By monthly payment: You can calculate according to your partner's monthly income or income, depending on the situation. Now, count 20% and 25% of this number. The amount of the monthly payment can be within this range.

Lump-Sum Alimony: For this, you need the full salary of your partner or your salary, as it can be. Now, count 1/3 and 1/5 of this amount of revenue. Take for example that the total salary is 100X, then your lump sum can be between 33X and 20X wide as maintenance.

P. Venu (Advocate)     22 August 2021

You have not posted the material facts.


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