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pradeep g   02 March 2023

Maintenance cost during and post diverce

Hi Sir/madam.

During divorce process or  post divorce, how the maintenance cost of kid and wife is decided? Is it based on the husband salary Or any other criteria. I am from bangalore. 


 5 Replies

TANAJI JAMDADE (LAWYER)     02 March 2023

depend upon the income of husband

pradeep g   02 March 2023

Will property belongs husband also matters in deciding maintenance? 2nd thing, my wife fought with me couple of days back. Currently, child custody is with me. she wants him to take to her native now itself. but he is studying in blr one of the school. How do i defend legally that if my son is taken away now, his study gets affected. My son is 7 year 11 months now. Please let me know if any more answer are required to address my above question

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 March 2023

the Supreme Court of India has established a benchmark sum of 25% of the husband's net monthly income as the sum that should be awarded to the wife.

pradeep g   02 March 2023

If husban is jobless, how maintenance will be decided for wife and son

Ruth Davis   10 April 2023

When it comes to deciding the maintenance cost of a child and wife during divorce or post-divorce, there are several factors that come into play. Generally, the amount of maintenance is determined based on the husband's income, as it is assumed that he is the primary breadwinner in most cases. However, this is not always the case, and the court takes into consideration the earning potential of both spouses, as well as their individual expenses.

The court also considers the standard of living enjoyed by the family prior to the divorce, as it is assumed that the child and wife are entitled to maintain a similar standard of living even after the separation. The child's age, education, and health also play a crucial role in determining the maintenance amount.

It's worth noting that maintenance is not a one-time payment, but rather a regular payment made by the husband to the child and wife on a periodic basis. The frequency of these payments may vary depending on the court's decision.

In conclusion, the maintenance amount is decided based on various factors, with the husband's income being a crucial one. However, it's important to note that every case is unique, and the court takes into consideration various factors before arriving at a decision. We agreed everything on our own before filing


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