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Vikash Kumar (Home tutor)     24 May 2013

Maintenance...but how much???

Dear All, 

1. I am an unemployed husband deserted by my wife by 7 months. 

2. Have no property on my name. 

3. Staying with my parents living on my father`s pention. 

4. Got married last yr. have no kids. 

My doubt is, how maitainence is fixed? 

if MCD is the court who fixes one time alimony? 

if yes approximatly haw much? in may case? 

 

Regards/Vikash



Learning

 6 Replies

stanley (Freedom)     24 May 2013

What was the last salary drawn by you based on that maintanence would be fixed . Since it would showcause that you have the capability to work .alternatively if your wife is a working women and is able to suffice in that salary than no maintanenc .

Vikash Kumar (Home tutor)     24 May 2013

I need to add two more points. 

 

1. I am an unemployed husband deserted by my wife by 7 months. 

2. Have no property on my name. 

3. Staying with my parents living on my father`s pention. 

4. Got married last yr. have no kids. 

5. my last salary was 5000/-

6. my wife is not working 

Pls reply what approx what should be my one time alimony 

Regards/Vikash

Tajobsindia (Senior Partner )     24 May 2013

 

 

Originally posted by : Vikash Kumar

 

My doubt is, how maitainence is fixed? 
Take: It is based on status, education, earning capacity r/w reasonable wants of claimant. For more details self read similar discussions already published in Family Law Forum.

if MCD is the court who fixes one time alimony? 
Take: It is mutually agreed by parties themselves as to what amount towards full and final alimony is agreeable by weaker spouse to affix her consent during second motion. Court does only an inquiry to joint petition having mutual decided alimony amount and does not come into picture to fix or reduce the alimony when case is that of MCD.

if yes approximatly haw much? in may case? 
Take: If you are un-employed then same needs to be mentioned by way of affidavit. Further one needs to voluntarily submit to Court Commissioner enquiry as to your un-employment status. A un-employed husband if showing un-employed status then it should flow much much before maintenance application filed by a weaker spouse under Civil laws then he is not supposed to pay maintenance to his wife under civil laws. However as per Minimum Wage Act that each State maintains its local price index upon most of the ld. Judges take inference that a able body must be earning minimum wage and thus referring at price index of the State passing the said Order announce a minimum maintenance which then bcomes matter under Appeal as is the case we see from experience.

 

stanley (Freedom)     24 May 2013

Normally they would consider 1/3 rd of your salary . 

Now may i ask you a few questions .

Now how old are you that you are surviving on your fathers Pension :D

Whats your qualification that you are paid only rs 5000 nowdays even labourers are paid 
Rs 350 per day and multipied by 30 would work out to Rs 10,500 . 

Vikash Kumar (Home tutor)     12 March 2015

Stanley: 

 i am unemployed since i was a recruiter and in my state itself i dont get a recruiter`s job. i have to present at the lower court every date/month. so in that way i even can`t move to other state. 

i am doing door to door tution, come and check the condition in bihar. 

my age is 30 Yrs. 

Vikash Kumar (Home tutor)     12 March 2015

ya my last salary when i use to work in 2012 was 35,000/- and now due to unavoidable condition i have to manage in 5-7K/Month


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