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help_divorce (SC)     10 October 2010

Alimony

How is maintenace/alimony calculated? What all factors are taken into consideration when calculating maintenance/alimony?



 11 Replies

M. A. Khan (advocate)     10 October 2010

It depends upon the earning of husbend as well as the expected expenditure of woman as per her std of living.  It also varies if child or childeren are there.  Their education, medical  and other factor are taken into  consideration.

Adv Archana Deshmukh (Practicing Advocate)     10 October 2010

The income of the husband, his expenses, the dependancy upon him, also the needs of the wife, amount reasonably needed to maintain a standard of living which she was living at her husband's home. Her own independent income, if any, is also taken into account while deciding the quantum of maintainance.

tortured_aathma (none)     10 October 2010

adv archana ,if wife leaves the job just before filing s24, but she is capable of earning(able bodied and well educated) with no offsprings wat will be judiciary view?

Suchitra. S (Advocate)     10 October 2010

Court will take into consideration only those points which are there at the time of hearing. If the wife doesnt have a job when the case is filed, it is assumed that she is unemployed. If she gets a job later and is capable of maintaining herself, husband has to file a case to reduce her maintenance amount because she is employed now.


(Guest)

no , delhi hc and sc has in various judgements taken earning potential of such single (without offspring) ladies too.

1 Like

T.R. Ganesan (Advocate)     11 October 2010

Just mere employment is not enough.  The employment must be stable to withstand the

economic need of the wife and child and/or children.  She should be in a position to meet  balance

of status in the society. Maintenance is decided taking into conisderation of various factors.

 

T.R. Ganesan 

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2010

Court will see the present situtuation of the woman even though her parents are good enough to maintain her. 

1 Like

CommonMann (Software Professional)     11 October 2010

All the above replies are legal replies. As a common man I will suggest you, If you are talking about lumpsum alimony, then harass husband as much you can, like you can put all the possible  allegations that a wife can put on to her husband, there are many lawyers who can file all these allegations on behalf of you, since they also enjoy ang get money out of it and if husband wants to comeout of it he can give you as much as he is capable of. But if you know husband can  bounce back, ie he will fight the cases then also you will get alimony/maintenance as per law. You are into win win situation. HUSBANDS ARE ATM MACHINE FOR WIVES AND THERE RELATIVES. So enjoy!!!


(Guest)

Dear,

 

Generally,the judge should consider following factors;It depend upon husband earning(income),lifestyle,his or her a status in a society ,dependancy,a standard of living ,other expenditure etc.

Now what has been said by Supreme Court,

The Supreme Court, while commenting on the elusive nature of fixation of amounts of maintenance, had stated as follows, in

Jasbir Kaur Sehgal (Smt) v. DistrictJudge, Dehradun and Ors (1997) 7 SCC 7;

"No set formula can be laid for fixing the amount of maintenance. It has, in the very nature of things, to depend on the facts and circumstances of each case. Some scope for leverage can, however, be always there. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case. At the same time, the amount so fixed cannot be excessive or extortionate."

1 Like

help_divorce (SC)     24 October 2010

I have EMI's, LIC premium, SIP payment to be paid, my parents are dependent on me and  lot of medical expenses are incurred on them. I have evidence of EMI payment, LIC premium payment, SIP payment. Won't the court consider all these expenses of mine, when deciding interim maintenance? All these payments are mandatory and I cannot avoid paying them.

aflatoon dash (health)     24 October 2010

how does the consumer price index calculation affect the alimony of marriage sustained for say 10 years.How is alimony calculated based on inflation or consumer price index.Any one with background of economics can help and guide.

aflatoon


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