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Gautam (Engg)     31 January 2012

Maintenance querie

Dear All,

              We having a 2 year old babygirl. My wife are going to file maintenance against me, she is jobless. My take home salary is Rs 26000 / month

I am also having a home loan having EMI Rs 10000/month, and bike loan EMI Rs 2500/month

After paying loan EMIs. I left with Rs13500 only 

My question is what will be the approx amount of Maintenance.

Will court consider loan EMI while deciding Maintenance

Please help

Thanks in Advance



Learning

 4 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

only your in-hand income post PF deduction will be considered.

EMI's will not be considered.

generally around 25% is given to wife depending on location.

so you can expect around 5000 for wife & 3000 to girl or total of 8000 awaded to them.

if she is jobless but capable of earning,maintenance may be reduced.you need to argue that.

Ashish Chakravarty (Advocate)     01 February 2012

Gautam, usually the court grants about 1/3rd or a little lesser than 1/3rd of the disposable income of the husband to the wife and kids. This is more or less the settled norm. The court shall have to come to a finding as to what might be your monthly disposable income, which may be arrived at through various means like your admission regarding your monthly salary, salary receipts, I.T. return etc and in absence of all these your notional income might be ascertained for formulating a judgment, consult a local lawyer and discuss which course of action might be the best for you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 February 2012

Only mandatory deductions are allowed.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Dr J C Vashista (Advocate)     02 February 2012

No deduction of EMI shall be considered and approx 1/3rd of your income from all sources shall be allowed as maintenance, wherein your standard of living shall also be one of the factor.


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