Maintenance formula

1. The current situation of husband should be taken in to view for the purpose of maintenance.

2. Loan and dependecies will be taken in to account for this purpose. Because the court have to check the actual capacity of earning of person. The court have to impose the liability upon the person for the maintenance and court have not any intention of imposing the penality in any manner. This is the main clause, due to which the living standard of the couple is mainly consider for the purpose of maintenance.

3. It is not a ruiling that always husbands are liable for the maintenance. If the wife is well educated and well earning and husband is not in the position of earning bread for his family. Then even husband can claim maintenance  from his wife. 

4. There are so many proved cases, if which supreme court give ruilings that if the women is well educated and can earn well for her family, then in that case it does not matter that she is doing the job or not? She can not sit at home for putting the pressure on the pocket of her husband only. If she can earn, then she have to do it.

Thank you sir for your replies.

Please also let me know for the other question, if wife or her lawyer argue about the differences of salary of the husband like then "X" salary earning and now "X/3" salary due to avoid maintenance or reduce the final mainteneance.

It depend upon the facts produced by the husband that why his salary goes down. If he is not well or he have got some disability which makes him unable to work a particular task or he have changed his job due to lost of his earlier job, then the latest earning will be accountable. If he try to hide the facts for the sake of exemption from the maintenance only, then it is not so.

super.

the husband is in IT industry and due to stressful work and hectic life, planning to retire the current job the software industry and take up non software job at a lower salary than the one mentioned in the interim maintenance by the wife. does court consider these things and reasons? kindly let me know.

only stressful work and hectic life is not a good excuse for him to do a new job for lower salary. If he has serious threat to his health issues, then court can consider it. 

yes. agree. replies are excellent.

Dear Dimpel sir - if husband leaves the job because of old parents who are 1000KMs away from their son's job location and to support them medically, financially, economically. can court consider these reasons?

It depends upon the judge thinking.