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Seenu babu (marketing officer)     03 December 2014

Stay on interim maintainence

Hello Gurus,

My wife filed a false DVC against me, my parents and my relatives, recently my wife filed a interim maintainance of RS.40,000.00. i am a salaried employee earning Rs. 68,000.00 per month, how much of the  maximum percent the court can give the order for maintainance on my salary? Can i go for an appeal to district court for this interim maintainance? can i go for stay against the interim maintenance? if yes where i have to go i mean to district court or high court? please clarify the above mentioned doubts.

 

Thanks and Regards

Sreekanth



Learning

 3 Replies

nikhil singh (Advocate)     03 December 2014

Mr. Shreekanth 

There is no straight jacket formula or percentage for calculating the maintenance granted to the wife. It depends How much do you earn and whether there is any issue(Child).  For challenging order there must be order of maintenance. The most important thing is whether your wife is working or not? How much educated she is?

For further assistance you may contact

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in

+917838078186

Adv k . mahesh (advocate)     03 December 2014

what all monthly expenses you have like medical bills, premiums, insurance, loans, emi, everything you have to show to court to decrease the interim maintenance and the court will order separately to kid if you have apart from interim maintenance 

but in your case your wife filed and your lawyer will defend and will file all the above said document to the court for arguments and finally court will order whether to grant or not and if court orders you to pay then you can go to the immediate higher court 

Seenu babu (marketing officer)     03 December 2014

Originally posted by : nikhil singh

Mr. Shreekanth 

There is no straight jacket formula or percentage for calculating the maintenance granted to the wife. It depends How much do you earn and whether there is any issue(Child).  For challenging order there must be order of maintenance. The most important thing is whether your wife is working or not? How much educated she is?

For further assistance you may contact

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in

+917838078186

Hi Mr.Nikhil,

Thank you very much for your reply. My wife is M.Tech holder and she is not working, even though she is capable of working but she is not doing any job. I have one female kid 1 yr old staying with my wife only. She is staying in her fathers own house at hyderabad. Please let me know how much the court can give order approximately on the above mentioned grounds? I need to pay maintainance to my wife and kid or only to kid? because my wife is highly educated. If court orders roughly 15,000.00 or more than this at this time i will go for an appeal whether i have to pay the amount which is ordered by lower court or i need to wait for an order in higher court where i appeal?

Thanks and Regards

Sreekanth


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