Maintanence claim

1/3rd of income of husband can be taken as general rule . it is based on presumption that a person would spend 1/3rd on his own body to keep him fit for work and remaining 2/3rd is to be devided 50:50 betwwen wife and other genuine expences of husband.

rest part of quary is vague. different laws apply to diffrent situations and relegions.

There is neither a limit nor a formula prescribed for calculating and awarding maintenance under HMA The Act and or in S. 125 CrPC and or even U/S 18 HAMA.

HMA is Gender Neutral Codified Act hence either of the spouse can lay their claim for maint. from other Spouse. Under S. 125 CrPC Husband can't claim Maint. from wife under Hindu Law.

Instead of asking how much is maint. going to be better to pay attention to following paras to negate claims of errant Wife under HMA the Act as well as Under Section 125 CrPC (based on Hindu Spouse claims)

1.   Basic Law Points on Maint.

1.1 Status / Background of the Parties 

1.2 Reasonable Wants and Needs (of wife / child) 

1.3 Income of Respondent / non - Applicant 

1.4 People Dependents and Liabilities on non - applicant 

1.5 Definition of Maintenance 

1.6 Quantum of maintenance 

1.7 Formula and Quantum  

1.8 Earning Capacity of Petitioner 

1.9 Conduct of Petitioner / Respondent / non - Applicant 

1.10 Date From which if any Maintenance to be considered 

1.11 Fraud and Unclean Hands of Applicant 

1.12 Best Evidence and Indian Evidence Act Section 106 and Section 114 

1.13 Cost Of Litigation                                        

1.14 Delay In Proceedings  / Adjournments   

1.15 Giving 'reason' in Order / Judgment and 'Speaking Orders' 

1.16 List Of Citations / Judgments Referred / relied by defending spouse



Regards,

D. Arun Kumar

Dear Tripathi Sir, can u provide any judgement supporting ur averments? If yes, then plz do it as urgent.

No exact procedure is prescribed in any law but as a matter of practice courts generally award 1/3rd of the income to the party claiming mentainance, but this depends on the facts of each case.

Yes the husband can claim maintanance legally if he is dependant on his wife for his survival.

Yes, interim applicaiton can be filed along with the original plaint.

Thanks for the Valuable information