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Vijaysekhar (Software)     23 August 2012

Maintenace for child calculation

My wife has filed for divorce and is asking > Rs. 50 lakhs as maintenance of child and no alimony for her. The case was referred to mediation by judge and 1 round of mediation is complete with no outcome. During this mediation session, I told her that I am not willing to pay an one time settlement amount but I can pay a monthly amount. But I am not sure how to arrive at this monthly figure. To be fair, I told my wife and her lawyer, let the judge decide what the right amount is so let this case go to trial and both my wife and her lawyer who were shouting and yelling all along suddenly went silent. What does it mean? Why are they hesitant to take the case to trial? I am very confident that I can prove all the allegations are false, but I just want to give her the divorce anyway because I have faced enough problems with her. How can I take the false allegations made in my favour?

What factors are taken into account by the judge while deciding the maintenance of child to be by the father? Is my salary a criterion? She was  working in an IT company with a handsome salary but quit that job despite my insistence (I can prove this also) and has now taken up a job as a teacher. Does the fact that she quit her high paying job on her own a factor (although I insisted her not to) which will be taken into considertaion?


I basically just need help in deciding the right amount of maintenance that a father is supposed to pay. It should not be too less or too much. But I dont want to give a lumpsump amount because I know her spending habits (again I have proof) and she might end up spending on unnecessary things (for her or for the child) Kindly help if you have experience in this matter.



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 2 Replies

Anish Thakur 7018812737 (advocate)     23 August 2012

respected querist,

you can not run away from your liability to maintain her ,she is free to demand any some of money during the arbritration for the settlement ,but the amount of permanent alimony and maintenace to her and your child will be jujged the ld court taking few things in aspect like life style,living standard,habits,necessities,all few more and rest depends upon the juridicature powers of the court ,if you got unsatisfies with court decision regarding this ,you can go for alteration of maintenece u/s127crpc but still ist dependends upon the powers of court to get it done or not.

T SANKAR RAO (-)     24 August 2012

Dear friend,

The calculation also depends upon your income and other assets.

Regarding her resignation to the job, one cannot induce the other  especially a woman, to continue in a job

which was not liked for any reason. So it cannot be proved that she resigned to the job only

upon the grudge against you and to get alimony. 


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