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M. MURALI (OFFICER)     10 April 2012

Maintenance amount

SIR,

WHAT IS THE PRESCRIBED AMOUNT FOR MAINTENANCE OF A LADY AND MINOR SON.  WILL IT BE CALCULATED BASED ON HUSBAND'S SALARY.  IS IT ON BASIC PAY OR APPLICABLE ON THE ALLOWANCES DRAWN BY THE HUSBAND.

PLEASE CLARIFY. URGENT PLEASE



Learning

 15 Replies

Dr J C Vashista (Advocate)     10 April 2012

Quantum of maintenance of wife/mother/father and/or children depend upon income (total from all sources) and standard of living of person. No fixed amount/formula exist in law.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 April 2012

No fixed formula exists as aforesaidce. A lot of factors govern the grant of maintenance - the court would always try if the wife is unable to maintain herself and the husband has sufficient means or is even able bodied to put her in a position/lifestyle she used to enjoy when she was with her husband - neither luxurious nor penurious modestly consistent with her status in life. 

A lot of factors may also completely disentitle the wife - like living apart for no sufficent reason. 

Consult a local lawyer with facts....

Feel free to talk !

Deepak Nair (lawyer)     10 April 2012

Rightly advised.

There is no prescribed amount. The quantum of maintenance depends on the husband's salary, standard of living, expenses incurred by the husband such as routine expenditures, expenditures towards maintenance of dependents, repayment of loans etc.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2012

Mr.Murali,

It is for the court to fix the quantum of maintenance to be provided to the wife and child.It is calculated on the total income of the husband from all sources.


(Guest)

Hello,

 

I m in a dilemma. I got married in dec 2009. However, my husband initially avoided getting our marriage registered and then said that he does not want to get it registered...Now he wants to separate. I am stuck. I got married in a Hindu ceremony in front of 500+ people and have pictures of it too, But my husband kept putting off registration all this time and then when I asked him to specifically get it registered- he said he didn't intend to. Does this amount to fraud?

Adv. Chandrasekhar (Advocate)     10 April 2012

@ Manisha Mishra,

Marriage registration is not compulsory in India.  Courts tilt to the factum of marriage than otherwise.  The evidence you have is more than enough to prove the factum of marriage.  What worrying me is - your insistence for registration and his unreasonable adamancy to do so.   

1 Like

Sarvendra Kumar Singh (Ex Senior Manager)     10 April 2012

Manisha,

Registration of Marriage is  not necessary. Your marriage was solemanized as "Saptpadi". It is quite legal.Please don't  worry, if marriage was not registered. Non-Registration of marriage is not an offence under IPC.

S.K. Singh

      Advocate

1 Like

(Guest)

Yes thats my worry too. Please if you have some time can you read the following as well? It is long I accept but I need to know if I have a valid case: 

https://www.lawyersclubindia.com/forum/Is-this-mental-trauma-its-a-long-query-sorry--55354.asp

 

PLEASE READ THE REPLY, I've reposted the query after making it a bit reader friendly.

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     10 April 2012

Dear Manishaji,

Your"s is an arranged marriage as per Hindu traditions and performed under the Hindu Marriage Act..Your husband cannot run away or escape.I have gone through your posting in detail.I feel mentally you are very much depressed.Your marriage is as much valid as any other hindu marriage.Hence I request you to be patient ,this is not fraud at all.

1 Like

God is Great (Executive)     10 April 2012

hi,

It is not a fraud and marriage invitation card and photographs are sufficient to prove your marriage.

1 Like

(Guest)

@ Roshni...you seriously behave like you are in college... You have no idea how seriously this affects people. You seem to have come here for fun it seems. 

If you have nothing usefull to say.. Please do yourself a favour and refrain from displaying your ignorance here. I'd prefer if you mind you own bl**dy business. 

God is Great (Executive)     12 April 2012

Roshni,

Instead of feeling bad about manisha, you are making fun of her. Please be away from such comments which hurts others. We are here to help each other and not make fun. Every person has some or the other issue in life and the other person has no right to make fun. Infact, as a member you should have guided her or said few words of sympathy.

you should be sorry for the same......

Deepak Nair (lawyer)     12 April 2012

Dear Manisha,

You have sufficient evidences and witnesses to prove that you are married to your husband. Please note that all the marriages in India are not registered. Go to the village areas, you can hardly find a marriage being registered.

As per hindu law, the marriage is complete by performing the ceremonies and then cosummation. Thus, your husband cannot deny the marriage.

Deepak Nair (lawyer)     12 April 2012

Why to take the comment from Roshni in a negative sense??

Take it in a positive way. The matrimonial law in India favours women. The intention to make the matrimonial law favouring woman is to deal with cases llike this.

Thus, you can take maza of the law. Because you are in an advantageous position here.


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