Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rahul (Tele Caller)     19 September 2009

Amount Maintanance in 125 crpc

Hi Members,

If  Husband file a divorce case, his income is 21000 P.M. then wt is the maintance amount. Is the virtual liabilties of husband count at the time of maintanance amount decied. Or the parents of husband also fille the maintanance case then wt is the maintanance amount for both partie. Detail of vitual liabiltie For example Personal Loan EMI 7300 P.M. rent 3000 P.M. fooding etc 2500 PM.

 



Learning

 11 Replies

jagadeeswaran.l (section head - IR legal & cls)     19 September 2009

The court before deciding the maintainance amount, it will take into consideration that who are all your dependants,  statutory deductions from your salary, then they lookinto your wife's earning capacity, her  day to day needs.  then the court will decide the quantum of money to be paid as maintenance.

Rahul (Tele Caller)     19 September 2009

But if all the current liabilties come just because of wife, like she demands unnecessary thing on daily bases and the requirment is not full fill then she start quarel or abusing.

husband borrow money from his frnds to fullfil her demands and now he is under the liabilties of bank. or his parents also fille case for maintanace then also she is getting around 3-5 thousand P.M. from husband. She is also working in an Private school earn monthly 1600 or have some tutions.

 


(Guest)

The amount awarded comes to roughly between 1/3rd to 1/2 of the net earnings of the husband depending upon the various factors.  Wife's earnings and the living standard of the spouses also will be considered at the time of awarding the money. 

Sachin Bhatia (Advocate)     19 September 2009

Before deciding the maintainance, court will take into consideration that who are all his dependants, liabilties of bank etc, other expenditure etc then the court will decide the quantum of money to be paid as maintenance.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 September 2009

Dont worry after dedution of all your responsibilities court will judge the quantum of maintenance.

Furhter if your wife is educated and earning hand then no maintenance.

adv.kamal.grover@gmail.com

ASHUTOSH (lawyer)     21 September 2009

dear for this in law no criteria is fixed its depend on the obgervation of the court

ashutosh(adv)

Aftab4u (PVT EMPLOYEE)     08 October 2009

Dear Sirs,

As per the muslim law i have divorsed my wife 7months back and got the certficate from Qazi regarding the divorse, the problem is that my father in law is very cunning fellow and he has not given any proper address to deliver the meher amount. Even though the court case is running 498-A etc, which was filed by my inlaws. we have send the divorse certificate and meher dd but it cant able to deliver due to the wrong communication address and iam having proof of that also.

As we are living seperately from past 3 years and i have divorsed her 7 months back. as per the muslim law do i need to give maintenance charges for her?

Pls suggest.

Thanks a ton

Aftab

 

Shree. ( Advocate.)     18 October 2009

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."

sharmilla ram (general manager)     18 October 2009

i m confused pls reply.for maintenance 1/3 or 1/2 of basic salary of husband will be count,if judge will awarded total salary /2.i mean house allowance petrol allowance telephone allowance,all allowance will be consider as a salary what the husband can do.if judge will not accept home loan medicine bill parents liability then what husband do.second question if judge will not accept the salary certificate or agreement paper between company n employee which is attested by indian counsalate .a person is working abroad.what a person do.for judge there will be no check n balance.

Avinash Dube (Advocate)     25 October 2009

The word MAY used in the section confers a discretion on the court in awarding maintenance.in case Bhagwan dutt v.Kamla devi ,(1975) 2 SCC 386, S.C. observed.....

the object of those provisions being to prevent vagrancy and destitution, the magistrate has to find out as to what is required by wife to maintain a standard of living which is neither luxurious nor penurious , but is modesty consistent with the status of the family.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 October 2009

 The amount of maintenance will depend upon your standard of living, income, dependents Etc.

 

Biju Gopal

www.familylawyers.in


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