Shawna Hada 26 May 2021

mentinence to wife during Divorce case

How much monthly mentinence govt teacher has to pay to his wife with two kids while his gross salary is 45000rs .

House loan and Lic installment are also running .

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Quick Summary

This discussion explores how much monthly maintenance a government teacher with a gross salary of ₹45,000 and two children might have to pay their wife during divorce proceedings. The court will consider salary, deductions, and existing financial commitments like house loans. While there's no fixed formula, courts generally aim for around 35% of the take-home salary, with additional amounts for children, based on Supreme Court guidelines.

4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 27 May 2021

It will be decided by the Court duly taking into consideration the salary and deduction.

Sankaranarayanan (Advocate) 27 May 2021

Based on your counter the court will decide the court by its discretionary power

T. Kalaiselvan, Advocate (Advocate) 27 May 2021

There is no yardstick to decide about the quantum of maintenance amount to be granted.

In general principle, the court may decide to grant at least 35% of the take home proved before court .

The take home salary will be concluded after considering the statutory deductions from the gross salary amount.

LIC premium are not considered as statutory deductions for this purpose including the deductions towards additional PF or for personal loans etc.

P. Venu (Advocate) 28 May 2021

Yardstick in this context have been laid down by the Supreme Court in Rajnesh v Neha. However, the decision offers no straight jacket formula. In the normal course the wife, if unemployed, requires to be provided @25% of the earning. Additional maintenance would be required to paid on behalf of the children.