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Ravi (a)     24 July 2015

Maintenance formula

Dear lawyers - supposing husband earns 'X' salary at the time of divorce, 498a, DV cases. in due course of time & trial, if husband joins other job with salary say - 3/4 or 1/2 or1/3 of 'X' salary due to any reason.

1. at the end of the trial ( say 5 years after), on what basis maintenance/alimony be given to wife?

2. can the wife's side argue about the salary differences ? is it justifiable?

3. if husband shows loans, dependencies expenses taken during the trial period, is it taken into account while awarding the maintenace?

4. if wife is the only child staying with parents in their own house and earning income, can she be still given basic maintenance out of husband's pocket?

 



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 7 Replies

ADVOCATE DIMPLE JINDAL (Advocate)     24 July 2015

1. The current situation of husband should be taken in to view for the purpose of maintenance.

2. Loan and dependecies will be taken in to account for this purpose. Because the court have to check the actual capacity of earning of person. The court have to impose the liability upon the person for the maintenance and court have not any intention of imposing the penality in any manner. This is the main clause, due to which the living standard of the couple is mainly consider for the purpose of maintenance.

3. It is not a ruiling that always husbands are liable for the maintenance. If the wife is well educated and well earning and husband is not in the position of earning bread for his family. Then even husband can claim maintenance  from his wife. 

4. There are so many proved cases, if which supreme court give ruilings that if the women is well educated and can earn well for her family, then in that case it does not matter that she is doing the job or not? She can not sit at home for putting the pressure on the pocket of her husband only. If she can earn, then she have to do it.

Ravi (a)     24 July 2015

Thank you sir for your replies.

Please also let me know for the other question, if wife or her lawyer argue about the differences of salary of the husband like then "X" salary earning and now "X/3" salary due to avoid maintenance or reduce the final mainteneance.

ADVOCATE DIMPLE JINDAL (Advocate)     24 July 2015

It depend upon the facts produced by the husband that why his salary goes down. If he is not well or he have got some disability which makes him unable to work a particular task or he have changed his job due to lost of his earlier job, then the latest earning will be accountable. If he try to hide the facts for the sake of exemption from the maintenance only, then it is not so.

Ravi (a)     24 July 2015

super.

the husband is in IT industry and due to stressful work and hectic life, planning to retire the current job the software industry and take up non software job at a lower salary than the one mentioned in the interim maintenance by the wife. does court consider these things and reasons? kindly let me know.

ADVOCATE DIMPLE JINDAL (Advocate)     24 July 2015

only stressful work and hectic life is not a good excuse for him to do a new job for lower salary. If he has serious threat to his health issues, then court can consider it. 

Ravi (a)     25 July 2015

yes. agree. replies are excellent.

Dear Dimpel sir - if husband leaves the job because of old parents who are 1000KMs away from their son's job location and to support them medically, financially, economically. can court consider these reasons?

 

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

It depends upon the judge thinking.


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