How maintenance calculated
Advocate Ravinder
(Querist) 24 June 2014
This query is : Resolved
Dear Experts,
Disputes arose between wife and husband. Both are Hindus. Wife went to her parents house and filed maintenance case against Husband. Wife is unemployed and household. I would like to know how the maintenance is calculated. Husband is working in DLRL, Hyderabad as a scientist and drawing a monthly salary of 60 thousand net (after department deductions).
Out of that he is paying EMI for Housing loan of Rs.10.000/- pm, Personal loans EMI Rs. 15,000/- per month, House Rent Rs. 12,000/-.
Apart from that he is having his self acquired immovable properties of 2 buildings in Bangalore and he is getting Rs. 40,000/- from one building and Rs. 30,000/- from another building, totally Rs. 70,000/- as rents.
Apart from the above, he is having 2 open plots worth Rs. 70 lakhs (Rs. 40 lakhs + 30 lakhs) of his self acquired roperty.
Wife status is that she is of middle class family and her father is working in Postal department and drawing a salary of Rs. 35,000/- and her mother is a Bank employee drawing a salary of Rs. 30,000/-.
I request the Honble experts to give me accurate calculation of maintenance as per the figures above mentioned. Will the above rents of Rs. 70,000/- and the cost of open lands of Rs. 70 lakhs will be taken into consideration for calculating the maintenance.
ajay sethi
(Expert) 24 June 2014
the total income of husband of Rs 1,30,000 would be considered while awarding maintenance . court may award wife Rs 30,000 as maintenance
Advocate Ravinder
(Querist) 24 June 2014
@Ajay Sethi
Sir, can you explain me how this 30,000 arrived.
ajay sethi
(Expert) 24 June 2014
1,30,000 is total income including rentals . deduct 15,000 housing loan EMI .also deducted house rentals Rs 12,000 . net figure around Rs 1,03,000 . courts award around 25 to 30%of husband income as maintenance . hence arrived at figure of reasonable amount of Rs 30,000 considering husband life style , his assets
Advocate Ravinder
(Querist) 24 June 2014
What about personal loan of Rs. 15,000/- and one more thing if the wife has two children what is the case. This 30,000 will be divided between three.
ajay sethi
(Expert) 24 June 2014
personal loan would not be deducted . inorder to maintain his lief style husband may take any amount of personal loans . wife should present details of total expenditure on children . accordingly make claim for maintenance for herself and children
Advocate Ravinder
(Querist) 24 June 2014
Tell me approximately how much the court may grant for wife and two school going children who are in 4th class and 6th class.
Anyway Thanks for your replies Ajay Sethi.
ajay sethi
(Expert) 24 June 2014
around Rs 40,000 per month for mother and children .
R.K Nanda
(Expert) 24 June 2014
normally courts grant 1/3 amount of husband net salary but still all depends on facts of each case.
ajay sethi
(Expert) 24 June 2014
thanks for your appreciation
R.K Nanda
(Expert) 24 June 2014
discretion to order maintenance amount is with court only.lawyers can suggest court only about amount.
Nadeem Qureshi
(Expert) 24 June 2014
Dear Querist
only those deductions will be considered which is compulsory as income tax. Service tax or any other tax. House rent and daily need housing loan will not be deducted from the income.
1/3 of husband income may be awarded as maintenance to wife.
you can search the relevant judgment on nadeemqureshi1.wordpress.com
feel free to call
Devajyoti Barman
(Expert) 24 June 2014
I think the court would take his whole salary as income though it can give considerations of the deductions.
Rajendra K Goyal
(Expert) 24 June 2014
It is discretion of court, to be used with reasoning.
Advocate Ravinder
(Querist) 26 June 2014
Thanks to all experts for giving their comments.
