ragz hyder (PM) 06 February 2014
My lawyer has been saying that the rules for maintenance have been changed recently to say that 1/3rd the salary of husband be given to wife as maintenance irrespective of circumstance, working not working, children etc.
The court is in AP. Can someone please comment on this drastic figure.
Suneet Gupta (www.vashiadvocates.com) 07 February 2014
As per several High Court and Supreme Court judgements, if the wife is earning well and self-sufficient, then maintenance is not mandatory. However, equitable division of marital property is still necessary in a divorce.
The figure of 1/3 salary is for a non-working wife or where the wife's income is very much less than the husband's income. In this case 1/3 of the husband's income is given as maintenance to enable the wife to maintain her earlier level of living.
Maintenance for the children is separate and has to be shared by the husband and wife according to their income. If wife is not earning, then the entire maintenance for children is also borne by the husband.
T. Kalaiselvan, Advocate (Advocate) 07 February 2014
Your lawyer has taken you for a beautiful ride,there is no such change or amendment in the law,the existing provisions of law in this aspect remains and holds good.
fighting back (exec) 07 February 2014
1/3 part of salary is not a 'established rule' as such, it is a thumb rule, that in most of the cases 1/3 of the salary is awarded as maintainence. the amount differs from case to case, taking into consideration your income and liabilities. so if your liabilities are big, and you wife has sufficient qualification to earn for herself, then the amount will be much less, but ofcourse if will be given if she is not proved to be working
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