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Determined to get justice (Manager)     14 August 2013

Maintainence for child

 Wife is working class I gazetted officer staying in 3 bedroom flat alloted by Govt in South delhi with her parents and 2 year daughter. False DV, 498A filed by wife against husband and his family. She has also filed separate cases claiming exhorbitant amounts (multi crore) for settlement and monthly maintainence for self and daughter, statinng that she is entitled to same level of living ashusband, so 50% of his salary to be paid to her.

1) She is working with a handsome monthly salary, govt accomodation, medical facilities etc. Is she still entitled to maintainence? IF yes, then is she entite to 50% of husband salary?

2) What is responsibility of father for maintence of child? If wife is working, does she have to also share in the child's maintenance?

3) Till what age/how long child maintainence to be paid? We are advised that father has to pay till daughter gets married - is it so open ended? If child starts working, does father have to still pay ? IF she is well educated and capable of earning but refuses to be gainfully employed, does father have to contiue her maintainence? (wife is arguing for multi crore settlement on these grounds and hence, clarity on these issues will help our arguement)

 

 

 



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(Guest)
Originally posted by : Determined to get justice

 

Wife is working class I gazetted officer staying in 3 bedroom flat alloted by Govt in South delhi with her parents and 2 year daughter. False DV, 498A filed by wife against husband and his family. She has also filed separate cases claiming exhorbitant amounts (multi crore) for settlement and monthly maintainence for self and daughter, statinng that she is entitled to same level of living ashusband, so 50% of his salary to be paid to her.

No.  Wrong 50%?  Time to change your lawyer.  Mainteanance = 1/3rd of your take home income [income-expenditure]

 

1) She is working with a handsome monthly salary, govt accomodation, medical facilities etc. Is she still entitled to maintainence? IF yes, then is she entite to 50% of husband salary?

 

If you show to court that she is earning, then no maintenance for her.

 

2) What is responsibility of father for maintence of child? If wife is working, does she have to also share in the child's maintenance?

Yes.  On prorata basis, depending on both your incomes.  Say u earning 10 rupees and wife earning 5 rupees, your share toward kid maintenance will  be more than that of wife and vice-versa.

 

3) Till what age/how long child maintainence to be paid?

18.

We are advised that father has to pay till daughter gets married - is it so open ended?

No.

If child starts working, does father have to still pay ?

18 is the last milestone.  After that she is on her own.  But you can pay money to her out of love and affection.

 

IF she is well educated and capable of earning but refuses to be gainfully employed, does father have to contiue her maintainence?

Read above answers.  If she is above 18 and well educated well qualified and can earn, then no money for her.  But you have to prove to court about her age.

(wife is arguing for multi crore settlement on these grounds and hence, clarity on these issues will help our arguement)

  

 

 


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