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jay pathak (officer)     04 October 2014

Interim maintenance under sec 24 and 26

Dear sirs


Husband filed divorce and wife filed rcr and interim maintenance u/s 24 and 26

My salary is Net 65000 - no liabilities

My wife salary is Net  60000 - no liabilities except baby

My baby is 20 months old and with my wife

What is the maintenance amount.?


I have heard no maintenace for working woman under section 24 but maintenance for child under section 26

If so how much.








 3 Replies

Tajobsindia (Senior Partner )     04 October 2014

@ Author,


1. Yes.

The maintenance which would be awarded to minor of parties will be in equal proportion from natural parent’s net income minus liabilities and is co-shared which is binding Law of the land.


3. Make an self effort to dig and read (understand principals behind above para 1) in Ref.: Padmaja Sharma Vs. Ratan Law Sharma [2(2000) 4 SCC 266 : AIR 2000 SC 1398].


[Last reply]

jay pathak (officer)     07 October 2014



thanks for your  reply.


Can you quantify the amount.



avinash (merchant navy )     13 October 2014

my wife is a doctor she is working for NGO and earning 15000 rupees. she is asking for interim maintenence 50000 rupees. on what grounds can this maintenance be rejected. no issue out of the said marriage. she has filed for divorce. marriage (cohabition) lasted 2 months but she has waited for 3 years and then filed for divorce and  interim and permanant alimony. i was working before in the merchant navy but now i am having a shore job and earning 15000 rupees. indian christian divorce act is applicable. my knowledge is she can ask only 20 percent of my income, but which income.... high income before or low income now ?

can a highly qualified person such as a doctor ask for interim maintenance if her husband was earning more before but earning the same now ?

can interim maintenance be zero based on the fact that if she wishes she can earn a lot more than present earning.  she is showing that she is working but most of the time she is idle.


kindly advise on what grounds can interim maintenance be rejected. i do not have any of her papers with me and neither does she.

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