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Venkat   30 May 2016

Interim maintanence

 

I am doing business and my income is Rs 36,000 per month. I am ready to submit my IT Return in court. I had married in 2011 and have two daughters. Wife is not earning anything, but has smartly kept both the daughters with her. She has filed 498/406/34.

What is the maximum interim and final maintanence that i will have to pay in follg conditions:-

1) If she choosed to ask for her maintanence plus two childrens maintanence

or

2) if she asks only for two childrens maintanence as she may want to re-marry within 2 to 3 years from now?  

or

3) If i get custody of one child and she asks maintanence only for one daughter

I want to know the maximum amount in all the above three cases,
so i can prepare myself.

 

It will also help me to come out of current depression.

 

Also give me ideas to lower the same amount. Please reply!

 



Learning

 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     30 May 2016

Sir, 

 

I feel the court can grant her the maintenance upto 12 thousand and not more than that. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Venkat   30 May 2016

Does that include Child Maintanence also?

If not! then how much will that be?

Q Slinger (NA)     30 May 2016

There is no formual that the court uses to grant interim maintanence. Court can grant anywhere from zero to 1 lakh or more. I have seen disabled people getting Rs 10,000 interim maintanence and I have seen successful husbands winning the interim maint.

All depends on if the judge is fair person or a biased person. As one judge said, "Beg Borrow or steal. Maintaning your wife is husbands responsibility, regardless what the circumstances or situation" 

 


All you should be fighting for is to lessen the amount of maintanence if your wife is educated and is or was working, then collect evidences to prove that she can support herself. 

 

Having said that, regardless of what false cases your wife has filed, you as a father have a responsibility towards your children, whether they are living with you or not. In our sessions, we tell all fathers to send a minimum of Rs1000 to 2500 per child per month even if your wife does not ask for it. This accomplishes 2 things 1) It shows that you are a responsible father, 2) Will help you if file for child custody or visitations 3) Since u are already paying without a court order, the court will see you as a positive person and hence might grant u very less interim.

 

Further, join Save Indian Family in your local area where they will guide you what to expect and how to fight the interim with the help of your lawyer. www.saveindianfamily.in

 

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

If UR wife is not qualified to earn a living for herself U have to pay 1/3rd of UR gross income to her as maintenance.If the children are given custody to their mother UR liability towards their maintenance and education exists.If she is qualified to earn a living and the income is below 1/3rd of UR income then U have to pay the difference of amount.

T. Kalaiselvan, Advocate (Advocate)     04 June 2016

p>There is no yardstick to measure the quantum of maintenance to be granted.</p>

<p>It will depend upon the evidences produced by the petitioner and denials made by the respondent and also the final arguments made by both the sides.&nbsp;</p>

<p>First let she file a case and you can handle the same as per the situation that my prevail.</p>

manindersingh   04 June 2016

Hi

Court considered my income as Rs.40000 per month.

And judge granted Rs3000 to wife per month & Rs2500/- each per month to two children aged 4yrs and 1yrs.

3000+2500+2500=Rs.8000/- which is fair enough.

The judge was very sincere & fair. Wishing you bets of luck.

Dana Kayoni (Expert Humanitarian and Lawyer)     05 June 2016

No limit for ordering alimony.  I suggest you reconcile with wife.  If you dont pay, you go jail.

Siddharth Dev (Advocate)     06 June 2016

sir

even you have average income but you are going in wrong direction because the case which you mentioned is for Dowry/ Cruality  and maintenance can be given in case of DV Act and 125 cr.p.c. and like cases so if you are booked in 498a case than i suggest to resolve you dispute and amicably settle your all  matters and quash your FIR from HIGH COURT

thank you


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