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Deep (k)     12 March 2011

Calculate Maintenance

Hi,

                 If at all finally court orderted for Maintenance under CrPC 125. Just wanted to know how the maintenance gets calculated. Your valuable comments will help one to plan finance. Request all to answer and give their openion. Though it may not be same as court decides, it will help a lot.

Example: If husband's Salary is: 60000 per month (after tax and other deductions).

                   His Liabilities per month: Personal Loan EMI: 2000

                                                                  Car Loan EMI: 15000

                                                                  Rent: 10000

                                                                  Credit Card, Other Bills, Medical and other exp: 5000

On the other side, consider wife is a post graduate MBA/MTech and not working, though minimum earning capability say: 10000 per month.

In this condition, approx what amount can be given as maintenance to wife.

Also should husband go for Personal Loan (after case been filed and before started/ordered) instead of having Car/Home loan to increase liabilities. Will this help at all.

Your kind help is appreciated and this will surely help many people to plan their finance properly.



 11 Replies

Deep (k)     12 March 2011

With respect to above query if compared to personal, then the marriage is short term and no child.

Tajobsindia (Senior Partner )     12 March 2011

@ Author
 

1. If she is earning then no maint.


2. She has to prove first why she left your company to even get maint. under S. 125 CrPC !

Deep (k)     12 March 2011

Hi Tabobsindia,

                                Thanks for your reply :).

                                Yup first she has to prove, though after few months most of the maintenance cases are somehow approving maintenance as girls always give false information about harassing and all. It's very sure that in the case am talking, it's very difficult for her to prove.

                                 Consider if the maintenance is given.

                                  She is not earning, no child, less that 1 year of marriage, she is educated and have earning capacity in this case including details given before. The amount decided should be what maximum :). Request to help for planning.

Tajobsindia (Senior Partner )     12 March 2011

Originally posted by :Deep
"
Consider if the maintenance is given.

She is not earning, no child, less that 1 year of marriage, she is educated and have earning capacity in this case including details given before. The amount decided should be what maximum :). Request to help for planning.
"

 In above quote / un-quote scenario it could be anywhere between 3K - 4K

Legal Fighter (Advocate)     12 March 2011

there is no formula and liabilities of husband are not considered while calculating maintenance. u must fight ur case staiting that wife is well qualified and able bodied. u can use Sangitaben Judgment on Madhya Pradesh HC. Search it on google.

Avnish Kaur (Consultant)     12 March 2011

approx 10 k per month , if proof of earning present then no maintenance.

Advocate Sachdev Bishnoi (self)     12 March 2011

if your wife is earning up to a level that she can maintain her then the amount of maintenance is very less or nill as it is discretionary power of the court.

Deep (k)     12 March 2011

Hi Legal Figher, Thanks for clearing my doubt on liabilities :).

 

I was thinking of liabilities because of below two links.

1. https://www.498a.org/faq.htm (below answer given on the quesation)

Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).

 

2. https://savefamily.org/index.php?option=com_content&view=article&catid=1:latest-news&id=173:498a-dv-dowry-crpc125&Itemid=50
 

Deep (k)     12 March 2011

Anyone else who can throw some light on this :).

Rohin (Officer)     28 March 2017

hi everyone 

is there  any judgement on calculation of maintenace for wife and child ???

 

Nitish Banka (lawyer)     29 March 2017

All About Maintenance and Interim Maintainence

 

1

Here is the summary or you may say links to all my posts which will enhance your Knowledge on Maintenance and Interim maintenance. Wondering how courts assess the maintenance and Interim maintenance amount here is post and 125 CrPc.

There are some landmark and important judgments on maintenance which would help you to fight and here is the post which will help to reduce maintenance amount. so if you are thinking of going for revision against 125 order, here is the post which shows the scope of revision in cases of 125 Crpc. Alteration of maintenance amount ordered by court is also possible.

So is Maintenance awarded to working wife and maintenance to husband is also possible if husband is working.

Here is a strategy to win the interim maintenance/maintenance case. Strategy  bargain the mainteinance amount

Thanks & Regards,

Advocate Nitish Banka

9891549997

 


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