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Sagar (a)     07 November 2012

Maintenance amount decide on which factors

Hello,

I have few queries regarding Divvorce laws :

1. If I have any property under my name and I am paying loan on that property should I show that property to my wife to reduce the maintenance amount?
but if i show that property while taking divvorce will my wife also applicable to claim her part on my property??

2. Which are the factors of my salary can reduce her maintenance amount???
3. On which factor the one time settlement amount depend while taking divvorce??

 

Regards,

Sagar



 10 Replies

Munirathnam (Scientist)     07 November 2012

If you have property equals to the wife's property and if you need to pay maintenance then your wife may not be eligible for the property share but eligible to fthe maintenance from the remaining salary that you earn ....

SOUMITRA SEN (SR MANAGER)     08 November 2012

If the property you have mentioned is a Home,then YES the EMI you pay gets deducted from your Gross Salary,but if it is commercial property of movabale property like Car/2 wheeler then that EMI will not be considered.also note that PF,I-Tax which are statutory dedutions are also considered by Court and deducted while arriving at your net take home salary(but not payment of Insurance premiums etc).Your Wife can not claim any share in your property if she has not contributed to the creation of that Asset.One time settlement amount is a purely voluntary amount which Court decides after consulting both of you,but Court can not force you to agree to that if you say that you will go by monthly maintenance mode.To reduce your Maintenance outgo,you can talk to your Loan giving Bank/company and hike the EMI for the time being(thus your Tenure will get shortened),thus your net take home will be lesser and then adjust that after your proceedings are over.

Sagar (a)     12 November 2012

Dear Experts,

From following list of expenses which can be counted as a liablity for husband while calculating maintenance amount and can reduce the maintenance amount :

1. Home Loan EMI

2. Rent if home loan is taken on under construction property. (maximum limit).

3. Monthly expenses of food. vehicle etc.

4. Life insurance premium.

5. Income Tax and other taxes.

6. If some amount is taken from any family member for marriage then to repayment of that amount

7. Credit card bills

8. Lawers fees

9. If case id filed in different city and i am leaving in different city then travelling charges.

 

Please let me know which of these will be counted for reducing the maintenance amount.

 

Thanks in Advance.

Sagar

Chetan Joshi (Advisory/Advocacy)     12 November 2012

Hi sagar....

What you get in hand, any existing debt that you have your wife's qualification, how old the marriage is are some factors which will be considered for maintanence....

 

There is not Formula for calculation of maintanence...

 

Following may help:

 

The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.

For example, if the husband has a take home income of one lac per month and the wife has a take home income of twenty thousand and they have no children in a marriage of 2 years, then the wife can theoretically get Rs.4000 as maintenance. How? The total take home income is one lac and twenty thousand and twenty percent of it comes to Rs.24,000. So, the woman gets Rs.4000 per month, so that her total income (her income+maintenance) becomes Rs.24,000.

If the couple have a child and the woman has the child custody, then she may get a maintenance amount of Rs.10,000 to Rs.16,000 per month so that her total income becomes Rs.30,000 to Rs.36,000 per month. Apart from that there can also be a judicial order defining the details on how the expenses for high studies of the child are shared. If the child decides to stay with the father after the age of 5, then the maintenance amount to the woman gets reduced accordingly.

If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

Similarly in a marriage of six months, if the wife is not working, but she has a masters degree and the husband has a monthly take home income of rupees one lac, then she may get a maintenance amount between Rs.8,000 to Rs.12,000 per month. Why? Because the argument would be that she has the capability to work and support herself.

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com...

victim (master)     12 November 2012

@chetan ji


 

you mentioned

What you get in hand, any existing debt that you have your wife's qualification, how old the marriage is are some factors which will be considered for maintanence....

sir please guide me, my wife is a diploma holder and has got three years of work ex. got married 10 months back and deserted 6 months back. she is able bodied and capable to earn will she get anything from court as one thing is clear in my case parents were dependent on her before marriage and and after marriage also they are interested in her money and earnings thats why they may force her to claim for maintenence.

thanks in advance

regards

victim

Chetan Joshi (Advisory/Advocacy)     12 November 2012

Victim....

 

Look court decides a case as per given evidences, its you who has to put the facts infront of the court supported by evidences,

 

The amount of maintanence is given to a lady to sustain herself and not to one who is already capable of, as in your case her capability to earn will be relevant.

 

I would like to hear on more of your case details...

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Roger (Unemployed)     14 November 2012

Separated since June 2006. Wife filed RCR and Maintenance in 2010. My Cross was not completed due to absence in Sept 2012. Both Advocates submitted written arguments. Final judgement on 21st Dec 2012. I have not been heard even once, no evidence has gone on record. I am unemployed for last 5 years as I am aids patient. Do not own a single property as I stay at my brother's house. The land and house property is in my mother's name. My wife is a practicing lawyer. In her petition, she mentions that I am working and earning huge salary, she flasely claims that I have massive property. How will this affect the judgement ?

SOUMITRA SEN (SR MANAGER)     14 November 2012

Hi Roger,

You have not shared whether the' Maintenance Petition' is u/s.125 Crpc or U/S.24 of HMA.

You can still request the Hon'bl Court to hear you out and subject you to Cross-examaination on the ground that you were unwell on earlier date/dates (Petition court by providing genuine,reasonable,sufficient,strong ground backed by Medical certificates) (you can file a Put-Up through your Lawyer.)Going by the information you have shared,you have a very fair chance that you will not have to pay any Maintenance.Just ask your Lawyer to exhibit all the Proof you are having that you are not having a Job and your are an AIDS patient and ARGUE Vigorously and Convincingly.Even if you have/had land/House that can not be taken by the Judge to arrive at your Income unless you earn out of them.In case Judgement goes against you,please go ahead and file an appeal in the Superor Courts.All the very Best.

SOUMITRA SEN (SR MANAGER)     14 November 2012

Only EMI towards Home Loan(or your Rental if you are in Rented Accommodation) and PF(statutory and not Extra-Voluntary),Income Tax paid by you gets Deducted while Computing your Net Take home Salary.In no way your EMI for cars,Credit card bills ,any other Debt Deductible(then all those will buy AUDI/BMW or buy everything on Credit Cards),nor your LIC or any other Insurance Premiums.The Lonegivity of the marriage in no way determines the Amount of Maintenace. If you have additional liability like your dependent parents/brothers/sisters or someone with critical Illness then yes there will surely be considerations by Court as Court will consider the amount you are required to pay to maintain them.Generally the maintenance amount varies between 1/3rd to 1/5th of your take home,irrespective of if your wife is alone or has kid/s.

sanjay (service)     26 April 2017

if husband who is Govt teacher is volutarly contributing rs.20,000 in GPF-whether it would be deducted from salary while calculating maintenance.While statutory there is no boundation to contribute in GPF more than 8%

 


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