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break (housewife)     22 July 2011

Maintenance

My husband is in USA.We got married in India on April 2009.I am applying for divorce in India.He does not have properties under his name even in India or US.He is on work visa and he is earning $110,000 per annum since 2004 with tax.I studies Undergraduate and can able to work for7000 per month.How much maintenance can I able to get from my husband?How long it takes?How much maintenance can I able to demand before court?Please do reply.



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 4 Replies

neha (lawyer)     22 July 2011

DEAR , maintenance depands in so many things like family background, education , kids n many more so should to tell ur whole detail.


 

break (housewife)     22 July 2011

No kids till now.My education is undergrad.My family background is:i am only one child.Dad going to take retirement in 2 years.My dad is Govt job.My mother is housewife..{Please do reply.}

Adv. Chandrasekhar (Advocate)     22 July 2011

Maintenance amount is generally near about 1/3rd of the earnings of the husband, if wife is completely unemployed.  Now, very interesting question that arises is whether that 1/3rd is out of $1,10,000/ per annum earned by husbnad, i.e.,$ 36,600/ per annum (or equivalent Rupees)  is wife's maintenance amount or not?  Earlier courts were calculating the maintenance in such a mathematical style.  Now, gradually, the judicail wisdom changed.  Even though his income is $1,10,000/- his cost of living in US cannot be compared to India's cost of living.  There every thing starting lease deeds to transport to food and other daily neceesities are so costly, he cannot survive deceently with 2/3rd of his income.  So, in such cases, keeping inview of high cost of living in US and UK, the courts are allocating a substantial portion of his income for his survival and also keeping the conversion rate of dollar into rupees,  the maintenance is being fixed. 

break (housewife)     22 July 2011

Thanks and if  say conversion rate of dollar to Rupees to 44 Rs and expenses is around 2000 dollars a month.Can you please help me regarding as approximate?Thank you in advance


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