Divorce and children maintanance claim
SHYAM SUNDAR BHADRA
(Querist) 05 September 2015
This query is : Resolved
My brother in law taken divorce by one sided judgement because my brother do not attend the case.My brother as well as my brother in law both are central govt. employee.they have only one son stayed with his mother.
Now she claim the son's maintanance expenses Rs.12000/-(Rupees Twelve Thausand per month)My question is-
1.Is my brother legaly bound to give the claimed money?
2.If so, then how much he bound to give and up to which age of his son he has to paid the expenses.
SAINATH DEVALLA
(Expert) 05 September 2015
Yes,UR brother is legally bound to pay for the child's maintenance.The child is eligible for all the facilities he enjoyed when he lived with his father.Is the wife employed?
The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.
Rajendra K Goyal
(Expert) 06 September 2015
Maintenance has to be paid, let the same be ordered from competent court.
P. Venu
(Expert) 06 September 2015
"My brother in law taken divorce by one sided judgement because my brother do not attend the case.My brother as well as my brother in law both are central govt. employee.they have only one son stayed with his mother."
Is it brother-in-law or sister-in-law?
SHYAM SUNDAR BHADRA
(Querist) 07 September 2015
P Venu sir, it is sister-in-law(brother's wife)
SHYAM SUNDAR BHADRA
(Querist) 07 September 2015
Sinath devalla sir- Yes Wife is also a central govt. employee. the son stayed with her. My brother not also claim of son's custudy.
I also not get the 2nd quiries answar-up to which age of the son my brother bound to pay the expenses.
