Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arun Kumar (TCS)     21 April 2011

How much maintenance

Dear Respected Lawyers,

I  have filed Divorce case against my wife under Section 13.  Till date she has not come for any hearings.

 Recently she has filed CrPC 125 asking for maintenance. I reside in Mumbai and my wife has filed CrPC 125 in her hometown (Lucknow) asking for 25,000 per month as maintenance.

 Just wanted to know how much maximum will I be eligible to pay maintenance.

Following are my incmome details : 48,000 per month (after tax and other deductions).

                   His Liabilities per month: Home  Loan EMI: 14,000                                                                 

                                                                  Credit Card, Other Bills, Medical and other exp: 10,000

Apart from above my father will be retiring next month so after that my parents will be dependant on me.

Though my wife is not working but she is B.A qualified (cuurently i don;t have any proof for that) . Our marriage is 2 years old and we don't have any child.

So just wanted to know what is the maximum amount that the court can decide considering my above details ?

Please help



Learning

 8 Replies

M.Sheik Mohammed Ali (advocate)     21 April 2011

as per law, the court may deciding authority, your submit all details in court the court will consider what amount to give maintenance.

jyotirmaya behera (advocate)     21 April 2011

what ever u can give maintenance that court ll decide. but now u can show how much is u need. u give explanation to the court. 

Arun Kumar (TCS)     21 April 2011

Dear Ali,

Thanx for your valuable reply.

But considering my scenario could you please suggest what maximum cout can order ?

I am really worried about this.

Arup (UNEMPLOYED)     21 April 2011

I am really worried about this.

 

---   do not worry, if any unreasonable amount ordered you have the right to appeal against it.

Bhawani Mahapatra (Law Officer)     21 April 2011

Dear Arun

You have mentioned here that, your wife has only filed a case u/s- 125Cr.P.C against you. It automatically cannot make her eligible to get maintenance. She has to prove the grounds for maintenance. One think you should remember that - you tell before the court that you dont want to live separately with her, rather she herself want to live separately from you & thus demanding maintenance.

Even if she succeeds in the case, the court must see the various parameters viz. your present income, her ability to earn livelihood. You shoud argue that even if she left you she can earn her livelihood as because she is a graduate.

After all you can consult with a local lawyer and tell him the detail, definitely you can get the justice.

1 Like

Arun Kumar (TCS)     21 April 2011

Dear Bhawani,

Thanx for your reply. Just one thing to inform that I had already filed Divorce case against her under Section 13.

She has not come for any hearings till now.

I know that at the end of the day I will have to give maintenance to her. But my question is that what is the maximum amount the court can order considering my income , my dedeuctions and my liabilities ?

Thanks in advance for your help.

Avnish Kaur (Consultant)     22 April 2011

any disease ur parents have?

plead ur case strongly thru an expert lawyer also which state u are in. it cud be approx in range of 10 k or lesser if pleaded properly, its a discretion of court.

Vasim (IT Professional)     22 April 2011

Is it just you or even your wife needs a divorce? If she needs more than you then i would suggest approaching through court for reuniting. If she declines then the case is very clear and she will not be entitled for any maintenance. play smart, rather being emotional. I am not a lawyer BTW, but experts could advice further in this approach.  


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