Wife has filed DV and 498A against husband and other family members. She is working in good Govt job (class I gazetted officer) and has govt allotted flat. wife is demanding huge maintainence for child. under DV. Judge has stated that interim maintenance will be decided on basis of financial status of both parents.
1) Can the Judge award interim maintainence solely on basis of salary of husband? ( we have been told that about 20% can be awarded ) If yes, then is the gross salary considered or post tax salary (take home)? Will husband's own expenses be considered or not?
2) Is % of salary only criteria or does the court also consider what would be the reasonable expenses for the child? eg if reasonable expenses are determined as Rs 25,000 and 20% of salary is Rs 60,000, will the court award 60,000 or will they reduce it to be in line with the reasonable expenses?
3) if wife has made a prayer claiming certain amount of maintainence, can the court order maintainence more than the prayer amount?
