Madhusudan A Acharya 28 November 2019

Crpc125 maintenance

Dear all,

My Son's wife has filed CRPC125 maintenance against him.

Wife well educated ( HR Mnagement Diploma, B A Degree, Dip in Civil Engineering )

They both got married in 2012 and till date no children.

They were living alone themselves only. Filed simple maintenance petition mentioning false allegation, no dowery charges, no DV allegations etc, not filed any other petition against my son or his parents.

She has passed 7 years of Job experince in various capacity before marriage. Was earning between 20 / 30000/- monthly.

Last job done in 2016/17 getting Rs 30000/- monthly.

My Son has submitted various evidences about her jobs.

In her cross she has accepted the above facts, admitted she was working but at present not working.

She has submitted in her petition my son's company offer letter oof Rs 12,50000/- gross salary per annum.No other evidences about allegations submitted.

Next date is my son's Cross examination.

His monthly salary is Rs 1.30 lacs,

He is paying housing loan EMI of Rs. 50,000/- monthly, Car loan EMI of Rs.8000/- Monthly, PPF rs. 15,000/- monthly. After deducting other monhly expences

he is left out with Rs. 20/ 25000/- monthly on hand.

Would like to know how much monthly maintenance court may order if at all.

Kindly guide.

M A Acharya

Reply Follow

7 Replies

Adv Deepak Joshi +917017821512 (Advocate) 28 November 2019

If after deducting all the expenses and liabilities his net salary is 20-25 then approx 6 to 10 K can be expected as maintenance.

Madhusudan A Acharya 28 November 2019

Which expenses they will not consider

G.L.N. Prasad (Retired employee.) 29 November 2019

It is not fair to expect the judgment on limited facts from members when the facts are under consideration of the competent court. Not only the deductions, the investments so far in assets, his own contribution towards such assets in addition to a disclosed loan for tax exemption purposes will also be taken by Judge. Because he has availed housing loan and maintaining a car etc., maintenance can not be waived and the court may even consider lumpsum amount towards full settlement as a security for her life.

Madhusudan A Acharya 29 November 2019

Thanks Mr Prasad

P. Venu (Advocate) 29 November 2019

Why they are living separate? How long?

Dr J C Vashista (Advocate) 30 November 2019

Maintenance of wife is to be considered and awarded on the basis of various factors such as financial status of parties, living style of the husband, liability of husband etc. etc.

What is the opinion and advise of the lawyer engaged by your son who is well aware about facts and circumstances of the case, an able, competent and intelligent to solve your questions ?

It will be inappropriate to comment on the limited facts posted by you, without waiting for obligation of experts on this platform, despite the fact that it is available FREE OF COST.

Seek guidance of the lawyer contesting the case.

However, if you still feel strong to have second opinion it is advisable to consult another local prudent lawyer with relevant case file for proper analyses of facts/documents, guidance and proceeding.