abhijeet (Executive) 03 January 2014

Fixation of maintenance - please help

Dear Experts,

Me and my wife are staying separately and have one child. I am earning around 57,000 pm and my wife around 40,000 p.m.

Now I am faced with the prospects of maintenance of my child who is in the custody of my wife. I am also having my retired parents to look after along with the burden of maintaining my house.

Can any one amongst yourselves can advise me as to what expenses the court will grant deduction while calculating my my home salary for fixing the maintenance amount. As total expenses are around 40,000 p.m. Also please shed some light on the the amount of maintenance which i can assume to be paid by me every month. An rough estimate will be OK.

Thanks in advance.

Abhijeet Hirani

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2 Replies

Tajobsindia (Senior Partner ) 03 January 2014

1. When parents are shown on record to be working parents then maintenance awarded to minor child is co-extensive Ordered by a competent Court. Here working wife gets nil.

2. Start preparing setting aside around 5-9K from the date of application which also depends upon court to court read with how good-bad your advocate plead certain facts.

There is search box on right top corner of each page here in LCI. This question has already been replied several times here in this very forum with case laws and reasonings. Help yourself searching discussed topics on similar lines to understand the bottom line of para 1 r/w 2.

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gautam (not disclosed) 05 January 2014

there may be cases of maintenance despite the fact that both partners are working, the disparity in incomes can be bridge to a certain extent by awarding maintenance from higher earning member to lower earning member provided the court is convinced that the lower earning member cannot maintain the same living standards prior to her marriage.

https://www.lawyersclubindia.com/forum/Unable-to-pay-maintenance-94753.asp#.UskLt_sp-Wg

you mentioned 8 days ago that the court already awarded the maintenance, don't give conflicting information and repeat the question if you want sincere reply