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Sam   11 January 2016

Maintenance based on old salary

Hi everybody,

My wife got separated just after 36 days of marriage, also we dont have any kids. I am Software Engineer by profession and was earning around 28k per month when i was living with her and i also paid income tax as my salary was taxable. But when she separated she went to my office several times hot tempered.

After that, the company in which i was working said me that either i can resign or they will terminate, so i resigned.

And now after sitting idle for 3-4 months i have got another job of just Rs 10k per month as in earlier company i didnt worked on much projects and i was not having much technical knowledge according to a 1.5 year experienced professional.

Now i am affraid that court may ask me to give maintenance according to my earlier salary and ITR filed by me when i was earning taxable income.

I even forgot the dates when she came to my company which also has become negative point for me.

And why will any company people take headache for me.

Please tell me what to do so that court allow maintenance according to my current salary.


 5 Replies

Born Fighter (xxx)     11 January 2016


Do you have any proof of your wife's visit and grumbling to office staff, if yes then produce that in the court and claim that you lost a better paying job due to tantrums/scene created by your wife. 

You could have taken legal action as well on your wife as she has no business to enter your office premises and bad mouth ...

In worst case even if court considers your previous salary (which it should not ) you prepare your Income/expenses statement carefully by increasing your expenditure towards maintaining parents /any loans taken and other necessary expenditures. 

Also if your wife is working and earning sufficient then she cant claim maintenance.


Also how long your wife will remain single after divorce , she will get married one day and you will stop paying maintenance.


For such a small issue dont get hassled, fight the case on merits. 

adv. rajeev ( rajoo ) (practicing advocate)     11 January 2016

You produce the recent salary slip to the court.  Court cannot grant the maintenance on the basis of your earlier salary.  

Vijay Raj Mahajan (Advocate)     12 January 2016

Order for maitenance is always made on the basis of present income of the husband and due consideration is taken in account of the quality of life style of both parties when they lived together and even at the present situation, income/capacity to earn of the wife and properties of both parties where from the income can be derived by both. The order of maitenance is never final in the sense, with change of income and circumsatinces both parties can seek revision in the previous order of maitenance by filling fresh application to the trail court.

Manoj Choudhary (Advocate)     12 January 2016

Show your latest salary like salay slip issued by your latest employer, if any of your parents are ill and are on treatment file the bills for that, if you paying any loan, that will be considered, how your marriage was done,,if it was by marriage consultancy then you must have her biodata or you can have the same...if she is more qualified or earning it will be taken in to consideration.


Maintenance will be awarded to a maximum of 1/3rd of Ur income as on the date of the order.

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