Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Guidence required in interium maintainance

(Querist) 05 March 2013 This query is : Resolved 
Dear Respected Members,

Want ur guidence in the interium maintainance filed by wife.

will judge consider the personal loan deductions from the salary while granting maintainance. The personal loan is taken when my wife is with me.

what is the general % of amount of salary considered for maintainance.

What the deductions considered while granting maintainance.

Devajyoti Barman (Expert) 05 March 2013
Yes, EMI payments are considered as deductions from income.

Court can grant maintenance upto 5% income of the husband.
Kiran Kumar (Expert) 05 March 2013
there is in fact no fixed criteria for granting maintenance to wife.

the social status of the applicant is also considered.

there is no fixed percentage for this purpose, its a larger issue and is decided according to facts and circumstances of each case.
venkat (Querist) 05 March 2013
Dear barman sir,

Is it 5% or 50 %..?
Devajyoti Barman (Expert) 05 March 2013
That was typo.
The maintenance can be upto 1/5th of the income of the husband.
Rajeev Kumar (Expert) 05 March 2013
There is no fixed formula for granting interim maintenance. Though the judges considered the income of hubby from all sources. The judges considers the loan dedution from income subjected to income proved by applicant.
Raj Kumar Makkad (Expert) 06 March 2013
Nothing to add more in the given replies.

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