abhijeet (Executive) 17 December 2013

Amount of maintenance

Dear participants,

I am a middle classed finance executive from mumbai and was married for exact 5 months, after that she deserted me after immense infliction of torture and harrassment on me and parents. Now, after one full year of separation we plan to file a contested divorce as the amount her family is demanding on mutual consent is too huge and they are very greedy. Seems that she has married me just for money. I cannot accept paying the money they are expecting from me.

Further I am earning around Rs. 55,000 p.m. and she is earning about Rs. 45,000 p.m. I request you folks to advise me the quantum of maintenance that the court would award to be paid by me.

I also understand that if she is working then the court will not allow any maintenance from me. However I wish you to advise me as to whether the court will grant any maintenance/ alimony if she resigns from her job. Also to mention that she has an experience of around 10 years in jobs.

Pls. help me to take a decision.

Abhijeet

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 December 2013

When she is working she will not be entittle for the maintenance. If she resigns her job only for maintenance , you can take the contention that she resigned only to get the maintenance.

Need Help... (MIS-Executive) 17 December 2013

Collect the all evidance about her Job Like Company Name , Her Bio Data, Work Experience and Bank Statement. She is educated and she able to earn money. Otherwise agreed with Adv Rajeev. ( rajoo )

Need Help... (MIS-Executive) 17 December 2013

Same Situation with me....

gautam (not disclosed) 17 December 2013

Yours/her assets/liabilities will also be considered for deciding maintenance petition apart from the number of years in marriage and the kids u have

Laxmi Kant Joshi (Advocate ) 17 December 2013

if you will prove in the court that she is working and getting handsome salary then she will not entitle for any maintenance amount from you and if she had left her job then you can proves that she had left the job only for getting maintenance amount from you .

Hell Fighter (Member) 18 December 2013

Do courts look at providing a minimum maintenance amount these days? For a well educated couple (both professionals).. where the husband and wife both are earning but the husband has been earning much more (say 1 lakh against 12000 earned by wife) because wife just started job while husband in job for several years... would the court consider giving a minimum amount (say atleast 15K)?

Also what if whatever salary wife was earning she also left the job just for the sake of maintenance and now saying in court that due to mental harassment she is unable to work. This after 9 months of separation?

gautam (not disclosed) 19 December 2013

the guidelines before the court is the spouse should be able to maintain her standard of living post seperation, so court can consider giving some amount to your wife.

if she leaves her job, then though court will view it negatively, but they still have to give some maintenance amount to her. with this logic, you can also resign from your job where court would be tempted to allot maintenance based on your assets.

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