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deepak kumar (Accounts)     28 December 2012

Is wife entitled for maintenance?

Hi All,

 

Husband is earning 80,000 and wife is earning 28,000. Is wife still entitle for the maintenance? If yes, How much maintenance can court give in that case?

 

Regards

Deepak



Learning

 9 Replies

Never Give Up (Fighter)     28 December 2012

Chances of her getting maintenance are very few..as 28000 is decent money for any woman to sustain herself.

Rajesh Kulkarni (Advocate)     28 December 2012

 

Hi Beni Prasad,

  • Any case is determined on facts and law put forth and not on money point; 
  • May be wife will be entitled for the said sum

 

Rajesh Kulkarni

7799116901

rajiv_lodha (zz)     28 December 2012

A lot depends on other factors including the children

Raman (student)     28 December 2012

law of maintance is for destitute wifes and not for the made for enrichment..Court will see the living standards, education qualifications and their commitments..It should not be luxurious nor very low.which is in bthe discretion of the court

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 December 2012

Dear Querist

if both the parties are earning then the court consider the living standered of the parties.

Feel free to call

deepak kumar (Accounts)     29 December 2012

Hi All,

 

thanks a lot of help.

 

Will following facts be considered while deciding the maintenance?

 

1)  Husband has four sisters. husband and his faither got married 3 sisters in last 4 years. one is still unmarried that has to be married in next 2 years.

2)  Faither has 4 lacks loan that needs to paid.

3)  Younger brother is in engineering college, husband has to help him too.

4)  Wife is well qualified MCA, working in a Multi National Company.

5)  there is no children.

 

few advocates are saying that sisters and brother are responsilibity of faither so this factor will not be considered while deciding the maintenance. Husband is a elder brother and father is farmer so as moral responsibility he has to help his sisters getting married.

 

Is there any decision of high court or supreme court around it.? if yes, please provide me, it will be very helpful.

 

Regards

Amit Kumar


(Guest)

@Queriest,

All points made by you are irrelevant except point number 4 and 5 which matters in the court of law regarding such maintainance cases.

Regards,

deepak kumar (Accounts)     30 December 2012

I do feel that points 1,2,3 are moral liability so it should be taken into consideration.

rajiv_lodha (zz)     30 December 2012

Originally posted by : deepak kumar

I do feel that points 1,2,3 are moral liability so it should be taken into consideration.

Its nt legal liability, no relevance b4 law


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