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Troubled Soul (XYZ)     01 August 2010

Maintenance

How is maintenance calculated? Lets say husdand is earning 1 lac per month and wife is earning 25,000 per month after tax deductions.

We also have a 5 year old kid. I have subscribed to child's education insurance policy in child's name and paying a monthly premium of that policy amounting to Rs. 8,500 per month. The policy term is 21 years. I have been paying premiums for last 5 years. The child will get the insurance payout for education in 5 installments when he reaches 15,18,19,20,21 years of age. After the policy matures at his age of  21, he will get further bonus and garunteed additions which is substantial amount.

I have following questions:
A: Will these child's education insurance premium be taken in to consideration while deciding the child support?

B: Can wife file for maintenance under CRPC 125 or DV act?

C: if she doesnt file how will judge order maintenance while awarding the divorce decree?

D: How can outside court settlement/negotations be carried out?



 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 August 2010

If the wife is earning sufficient to maintain a good living standard for herself then, she cannot claim maintenance. However, you'll have to pay maintenance for the child. The quantum for the maintenance of the child shall be determined as per the necessities of the child today. 

Guest (Guest)     01 August 2010

A: Will these child's education insurance premium be taken in to consideration while deciding the child support?

Yes.  In addition to this, if she applies, child maintenance has to be provided by you as determined by the court keeping in view of the living standards of husband and wife.

B: Can wife file for maintenance under CRPC 125 or DV act?

Yes.

C: if she doesnt file how will judge order maintenance while awarding the divorce decree?

If she does not ask, the court will not order for maintenance.

D: How can outside court settlement/negotations be carried out?

By intervention of mutual friends, relatives and if the matter reaches in the court by referring the matter to mediation.


 

Troubled Soul (XYZ)     01 August 2010

Thanks Prabhakar and Archana. She is earning. Still can she claim maintenance? Iam ready for the child support. Any advice on how to consider the education policy during the outside court settlement?


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