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Tabatha shenoy (Govt job )     21 December 2023

How much maintenance or alimony may be awarded

I am central govt employee with basic salary 36000 and in hand salary is 60k ..plzz note that there is diffraction in basic n in hand salary of govt employee...there are disputes with wife and I have one year kid with 2 yrs of if case goes to court how much alimony or maintenance I have yo pay??

I have 2 acres of farm land on my brother's n my name jointly and one flat of 30 lakh on my name and all other 10 acres farm land on my mother's name..

My wife is age 27 master in arts with none done job ever n not willing to do job

Due to Google I am very confused don't know how much will be demanded n how much court will order me to give her

Plzz give ur views as I am not willing to pay but Bcaz I have govt job ..Court can order me to pay monthly ..


I am confused till 

1) maintenance or alimony can be based on my basic salary 36k or inhand salary 60k??

2)which is more beneficial to me to give her monthly or to pay onetime lumsum?

3)by seeing my job salary n my property what u think court can give order of how much money to my wife??


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     21 December 2023

You have to pay maintenance to your wife and child.  You can defend what she asks as maintenance for her and her child.  This depends on the merits of the case.

Dr. J C Vashista (Advocate )     22 December 2023

Both the parties shall have to file their affidavit of income, expenditure, assets and liabilities in terms of Supreme Court judgment in the case titled "Rajnesh Vs Neha" 2021 

Sanskriti Tiwari   22 December 2023

As suggested by experts above, you have to pay maintenance to your wife and child, despite the fact that she is educated. Your basic salary of 36,000 might be considered the base for assessment, but the court might also take into account the overall financial capacity, including the farm lands and the flat you own. The farm lands jointly held with your brother and the property in your mother's name may not be directly considered as your assets for maintenance purposes, but they could be evaluated for overall financial standing.

Regarding whether to pay monthly or as a lump sum, it often depends on the court's discretion and the circumstances of the case. Sometimes, a lump sum payment might be more favorable as it concludes the financial obligation immediately, but monthly payments can also be ordered, providing regular support.

However, the exact amount cannot be predicted without a comprehensive review of all financial aspects and circumstances of the case. For your reference, you can also refer to the maintenance provisions under Hindu Law and CrPC.


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