maintenance in case of divorce under mental cruelity

Hi,

 I forgot to tell that my wife is earning 15000 pm and after expenditurs and taxes my salary is 80000 Rs to 1 lac pm. I would like to know the interim relief she will get. And I have decided to leave my job say after one year and planning to take 20000 to 25000 Rs pm job, will it affect my child custody case? how much will be interim relief she will get with my new salary? And as my current job is so much stressful and after my personal problem the stress become unbearable,

will the judge accept my quiting job  after few months of interim relief is started? I could also be jobless for sometime.

Regards

Mani

hello Mani

mental cruelity and desertion are good  grounds for getting divorce. So far your question regarding the amount of interim maintenance is concerned it is discretion of the court. But in your case as your wife is earning so court will take in consideration that very fact. NO specific amount can be said as it all depends upon the circumstances and facts and conscience of judge.

So far your job is concerned, i will like to notify that application can be filed in the court  for increasing the amount of maintenance, so if you are joining the new job with more salary then your wife can claim more maintenance according to that salary.

But since your wife is earning and is independent so amount will be given so as it is required for fullfiling the needs of children.

In my opinion you should consult the lawyer and fight the case as your case is quite strong and custody of child can also be pleaded.

Cruelty and desertion are good  grounds. Quantum of maintenance is the descretion of the Court. Your wife is earning , she is not entitled to claim maintenance U/s: 125 Cr.P.C. after divorce.If you loose custody petition, you will have to pay maintence to your child.Consult the family court lawyer of your locality.