Champ (Manager) 29 January 2013

Interim maintenance

Dear All,

I am having a Interim maintenance case going. My wife is M.Pth ( Physiotherapist) and I am CA. We have one kid ( daughter and she is staying with me). I am having a salary of 80K take and my wife is working on a part time basis with one of docter. While she was staying with me in mumbai he was earning approx 20K from her job out of which 10K in cheque and 10K in cash. Can you please guide me how much maintenance liability will come on me considering

1. I have 15K loan to be paid taken before marriage

2. My Bombay expenses are around 25K including rent and food exp

3. My Mom and Dad are not having indpendent income and monthly exp on them is approx 15K

4. My daughter monthly exp is 5K

Can you please guide me how much alimony I have to pay to her considering all above fact

Please reply

Thanks and Regards

Reply Follow

3 Replies

Chetan Joshi (Advisory/Advocacy) 29 January 2013

You need to content the case based on the grounds that you've mentioned supported by evidence. The maintainence generally works out to be 20 - 30 percent of salary...

You may read Manish Kumar vs Pratibha ( Delhi High Court ) for better understanding..

Regards

Chetan(dot)7679(at)gmail(dot)com

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 29 January 2013

DEAR MR. CHAMP

I WOULD LIKE TO INVITE YOUR ATTENTION ONLY TO ONE MATTER WHICH YOU HAVE STATED . YOU HAVE NO LEGAL RIGHT TO KEEP THE GIRL CHILD WITH YOU TILL SHE BECOMES A MAJOR .YOU ARE KEEPING YOUR GIRL CHILD ONLY TO MINIMISE YOUR GIVING MAINTENANCE TO BE PAID TO YOUR WIFE . YOUR WIFE MAY RAISE THIS POINT AT ANY STAGE . THERE IS A CHANCE OF GIVING A POLICE COMPLAINT ON YOU . THERE ARE MANY SUPREME COURT JUDGEMENTS ON THIS MATTER . EVEN KEEPING A BOY CHILD TILL THE AGE OF 12 WITH YOU IS NOT CORRECT . YOU TAKE YOUR OWN DECISION IN THIS MATTER .-JOSEPH WILFRED - 29/01/2013 AT 21.29 HRS.

(Guest)

Dear

You have nt disclse here your daughter age, If she is t little than you have t pay 1/3 of your income as maintenance.

But if daughter is able to lok after himself than court can stop t pay maintenance t your wife because she is highly qualified and able t earn s she is nt entitle t get maintenance But you have t pay maintenance t yur daughter.