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Realsolutions (Advocate)     07 March 2008

Maintanence claim

Is there any procedure for calculating and allocating the maintenance amount?any amount fixed as per the husbands income?If possible for an husband to claim maintenance from his wife?The interim maintenance petition can be filed at what stage of the original petition?



 34 Replies

Prakash Yedhula (Lawyer)     07 March 2008

There is neither a limit nor a formula prescribed for calculating and awarding maintenance. The Court takes into consideration various factors, like income of the parties, status of the parties, number of dependants etc., while calculating the quantum of maintenance to be awarded.

According to Hindu Law, the husband also has the right to claim maintenance which is subject to certain conditions. In the event of the husband becoming incapacitated due to some disease or accident, and thereby, is rendered incapable of earning for a livelihood, he then has the right to claim alimony. At the same time, one should bear in mind that if the husband is an able person in every sense of the word, and yet does nothing for a living; he cannot be entitled to any maintenance.

Realsolutions (Advocate)     07 March 2008

thanx for ur valid information sir.

SANJAY DIXIT (Advocate)     07 March 2008

Dear Sriram, Mr. Yedul is absolutely right.In practical Courts fix the quantam of the maintenance from 1/3 to 1/5 of the opp. party's monthly income.

Kalpana.S (-)     07 March 2008

But there should be some guidelines from the courts in this regard. Any case laws?

MANIKANDAN (later)     21 March 2008

Is it only the income or will his assets would be shared and given to the wife, even in cases, where the wife has did all the mistakes, in greed of looting the husband's money in terms of maintenance, alimony, share, etc?

Guest (n/a)     06 April 2008

During the pendency of petition filed by wife against the husband that he was in service, thereafte he left the job or terminated by his employer. Then the husband can file the maintenance petition/application by annexing the termination letter. If the husband filed the divorce petition against the wife, and the wife filed the application for interim maintenance in the divorce petition. The burden on the husband to show that the wife is a earner and he is unable to pay the maintenance as he is not having the source of income.

Vidya (Student)     14 May 2008

Greetings! If a husband married his second wife without taking divorce from his first wife and if the first wife is earning well, can that husband claim for maintenance in future for what ever may be the reason.... Pls advice...

amit gupta_lawyer (lawyer)     19 May 2008

well there is no fixed critria of assessing the maintenance, the only way is to assess the real income of person and calculation is done on the basis of living standards and generally it is some where 1/3 of the income is granted as maintenance. well husband is entitled for maintenance under 125 crpc if wife is earning well then husband and even parents can also seek maintenance from earning child or viceversa. however wife can seek maintenance under 24 hma and 125 crpc both

lakshmanan (advocate)     30 May 2008

Interim claim petition may be filed after receiving summon in original petition

arunprakaash.m. (advocate)     09 June 2008

 


when the first marriage subsists the second marriage of the spouse is illegitimate and the second marriage is offence under hindu law and aslo under bigamy of ipc sec498 and 484.

Srinivas.B.S.S.T ( Advocate)     15 June 2008

A husband cannot claim maintenance under Section 125 Cr.P.C as he is
not entitled to claim as per that section. A husband can claim
maintenance under Section 18 of Hindu adoptions and maintenance act.
There is not fixed provision to compute the quantum of maintenance, but
you have to prove that you have no source of income and the Respondent
has sufficient means of income. COming the maintenance pendentilite you
can file a petition under Section 24 HMA  at any stage. You can
file a petition for maintenance under section 18 of HA&M act and
file a interlocutory petition under section 24 of HMA seeking interim
maintenance.

Guest (n/a)     05 September 2008

Dear Madam/ Sir,


Kindly enlighten us on the laws regarding alimony under the Parsi Marriage and Divorce Act.


How should the alimony be taken - in cash / cheque/ ECS?


What are the legal impications for non payment of alimony?


How can alimony be claimed if after proper order the party does not pay the alimony?


If the party goes out of India then what are the legal impilcations for non payment of alimony by the party?


How can one be assured of continual payment of alimony?


If you can answer these questions we will be highly obliged


 


from


the worried parents of a soon to take divorce daughter 

Ramanathan (IT Pro)     10 September 2008

Husband was working and earning a salary at the time of filing maintenance petition.


However by the time it came up before the court, husband got terminated by employer. Husband otherwise has no physical handicaps and is searching for a new job. it is possible (but not 100%) that he may get a job sooner or later.


In such a situation, will the husband be entitled to pay maintenance?

giri nivarthi rao yadav (lawyer)     14 September 2008

Generally maintenance will be granted at  less than 1/3 income of an husband.Apetition for interim maintenanace can be filed at any point of time .If an husband is incapacitated to earn ,he and his wife is earning ,the husband can file a petition far maintenance.


giri nivarthi rao yadav


advocate


hyderabad/india


9849268834/9985117714


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