Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Alimony/maintenance amount calculation

How much monthly maintenance or one time alimony should be given to wife.

Salary 15000 per month

Husband own expenses 5500 rent,1500 for transportion, food 4000,Giving 2500 to his mother for her medicine.

In this case how much maximum maintence/alimony she can get if decided by Court.



Learning

 9 Replies

Anjuru Chandra Sekhar (Advocate )     08 May 2012

It depends on the discretion of judge as to how he arrives at the figure, taking various factors into consideration.  However your question is very intelligent and appreciable.  Income alone cannot be criterion for deciding the maintenance amount.  Take home salary and also the expenses also should be taken into consideration while awarding maintenance to wife.  It is another thing is she is staying at home because living at same house means less expenses on food, rent etc.  But if she wants to live outside, it will have a bearing on the expenses of the husband because the expenses increase.  So in a case where husband is getting a salary of Rs.15000/- and spending Rs.14500/- per month which includes a rented house of say Rs.4000/-, if the court gives maintenance following Supreme Court order saying wife is eligible to live same standard of living that she used to live while she was with her husband, then the rent alone would amount to Rs.4000/- to wife.  And supposing other expenses on food, clothing are assessed at Rs.2500/- than the court awards Rs.6500/- to wife as maintenance to ensure that wife lives in the same standards that a husband lives.  Which means husband is left with hardly Rs.8500/- and he will have to kill his mother without giving her medicines. 

 

Hence, to say that I want separate accommodation and same standard of living and courts supporting that line is cruelty.

sri (ceo)     08 May 2012

maintenance is 30% of salary x 10 years is alimony... ideally but no hard and fast rule...


(Guest)

Thanks for response.

Rakesh Mehata (sw engg)     08 May 2012

Does the same 30% rule apply if the wife is also earning a very decent income ?

sri (ceo)     09 May 2012

earning will not get any maintenance... but also depends on several other factors...

maintenance for sustenance and not to be a destitute... the minimum wages pattern is calculated...

Chenoy Ceil (Advocate)     10 May 2012

There is no hard and fast rule devised by the courts to calculate maintenance. The liabilities of the husband are taken into account along with wife's status, earnings, etc, but generally it comes to 2/3 of the salary, given there are no extraordinary circumstances.


(Guest)
Originally posted by :Chenoy Ceil
"
 but generally it comes to 2/3 of the salary, given there are no extraordinary circumstances.

"

 

 I believe there is some typo error it should be 1/3 of the salary.

Sawaliraman (self)     28 July 2013

what if the husband keeps the child? would it still be 1/3rd?

Prashant (hardware it)     23 October 2013

Hi my wife need alimony my question is wat amount wil court decide  my salary is 12500 i have no property or own house im living with my brother my dad also workin bt he is above 60 and i have no child and we are married in december 2011 less then 2 year

My wife doesnt want to live with me she said she want to live  separate mean not in joint family she left the house by own 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register