Sagar (a) 12 November 2012

Factors affect maintenace amount

Dear Experts,

From following list of expenses which can be counted as a liablity for husband while calculating maintenance amount and can reduce the maintenance amount :

1. Home Loan EMI

2. Rent if home loan is taken on under construction property. (maximum limit).

3. Monthly expenses of food. vehicle etc.

4. Life insurance premium.

5. Income Tax and other taxes.

6. If some amount is taken from any family member for marriage then to repayment of that amount

7. Credit card bills

8. Lawers fees

9. If case id filed in different city and i am leaving in different city then travelling charges.

Please let me know which of these will be counted for reducing the maintenance amount.

Thanks in Advance.

Sagar

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 November 2012

The standard of grant of maintenance is - that wife should get a status that is neither luxurious nor nor penurious but modestly consistent with the status of husband and that which she used to enjoy when she was his wife/or lived with him. All the factors that you've specified are to be taken into account, not necessarily with the same weightage. Unsecured/undocumented loans won't get much credence, and so is about lawyer's fees, Home EMI is important so is responsibility of aged parents/young sibilings if any.

Bharat Chugh

Advocate Supreme Court of India

*Read my blog – The laws of India at www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com, www.facebook.com/advocatebharatchughonthelawsofindia

sanjeev pawar (service) 12 November 2012

completely agree with Mr chugh.

Roger (Unemployed) 14 November 2012

My wife filed RCR in Oct 2010 & petition for Maintenance in Dec 2010. In Sept 2012, I was absent for my cross and my cross was delcared closed. A written argument by both the advocates have gone on record, I have not been heard even once nor any of my evidences have gone on record. A Final Judgement would be passed on 21st Dec 2012.
I am unemployed since 2006, owns no property, an aids patient and staying at brother's house. The Opp advocate falsely claims that I earn huge salary, have a massive property. How would these factors affect the judgement ?