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Bhartiya No. 1 (Nationalist)     25 October 2010

New formula to decide maintenance??

Below is the news on new formula for maintenance by Del HC, it is just for your information, I am posting,


Delhi high court unveils new formula to decide maintenance

Published: Wednesday, Oct 13, 2010, 2:09 IST
By Kanu Sarda | Place: New Delhi | Agency: DNA

The Delhi high court (HC) unveiled a unique formula on Tuesday that gives a huge monetary relief to men facing the prospect of a divorce.

While deciding how much maintenance Puneet Sethi should give to his estranged wife and child, HC justice SN Dhingra said, “If there are three dependents on the salary of a man, he would be entitled to half of it and the other two dependents would get the remaining half.

“While passing an interim order for maintenance, the court has to keep in mind the means and earning of the man and the law in respect of grant of maintenance to wife and child.”

Puneet had challenged a trial court order for paying Rs5,000 as monthly maintenance despite his proving the fact that he did not earn a handsome salary.

Puneet said he was employed with an electricity company as a diploma engineer and his salary was nearly Rs7,000.
After studying the salary certificates provided by the company, HC said, “Trial courts should be considerate while ordering maintenance.”

The court considered the latest salary slip of Puneet and dismissed the trial court order delivered under the Domestic Violence Act.

“In the present case, when the salary of the man was around Rs6,500, granting interim maintenance of Rs5,000 to wife and child was unjust and improper. I, therefore, consider that the order of the learned metropolitan magistrate [MM] and the learned additional sessions judge [ASJ] needs modification. The impugned order passed by learned MM and learned ASJ is modified to the extent that the interim maintenance payable to wife and child instead of Rs5,000 shall be half the salary of husband, which comes to around Rs3,400 per month,” justice Dhingra said.


 33 Replies


this formula has already been given in earlier delhi hc judgements too.

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 October 2010

considered from two - thirds of the monthly income 

Sarvesh Kumar Sharma Advocate (Advocacy)     25 October 2010

 good judgment.

s gopal chander (Just a Common Man)     25 October 2010

Does the court consider any EMI on loan taken or income tax payable or investments to aviod income tax etc before arriving at his monthly take home salary...

let us assume if the victim has taken a personal loan of Rs 50000 recently for purchase of consumer durables and paying rs 2500 per above 7000 is his take home salary and as per court to pay maintenance of rs 3500/-..then left out with 3500/ if he pays his EMI that he is left out with 1000/-? ? ? ?

I'm a common man and not an advisor..

hedevil hydraheaded (non professional )     25 October 2010

Are men happy now? NO. They are still talking about their EMIs and investments which they would have gotten into to avoid paying maintenance to wife and chil/dren.

Avnish Kaur (Consultant)     25 October 2010

EDUCATED AND ABLE BODIED WIVES SHUD MAINTAIN THEMSELVES. ONLY CHILDREN SHUD BE GIVEN MAINTENANCE. practice of begging first to stop  divorce proccedings needs to be checked. Most time in a divorce suit is wasted on this practice of begging.

hedevil hydraheaded (non professional )     26 October 2010

Maintenance is not begging. Maintenance is secured by an order of the court which protects the legal right of a wife.

1 Like

Roshni B.. (For justice and dignity)     26 October 2010

@ FL

First ask "able bodied men" to stop expecting dowry from their old weak inlaws during marriage.

why do they beg sitting in their mothers' laps while fixing matches?they earn enuf to buy furniture,utensils,clothes,etc for their wives.dont they?

first ask all greedy mother inlaws not to eye their bahus' jewels & streedhan presented to her on marriage,which they are v.fond of keeping with themselves.ask them to be graceful and return these to the DIL as soon as marriage ceremonies get over.

first ask all  inlaws/husband not to expect any more gifts,cash etc after marriage on festivals etc.


see,wives just ask for maintenance which stops once they remarry.but these able bodied husbands and inlaws keep expecting so many things! now who's a beggar?even after passing so many anti-dowry laws,these beggars dont leave their habit!

STILL....going by your words:

if hubbies so keen to see that their wives earn so that they demand maintenance,they themselves shud find high paying secure jobs like govt jobs 4 them.if their wives are less educated then they shud 1st get them educated by spending on them and then make efforts finding a good job as mentioned above.once they manage to do so,they can say she doesnt deserve a maintenance.

finding a stable is not so easy in india,esp when a girl has crossed 30 yrs. of age.



2 Like

Ghajini (SSE)     26 October 2010

<not to eye their bahus' jewels> - This gal just cant forget this *Jewels* thing, even if it is totally out of context of the thread :D

Roshni B.. (For justice and dignity)     26 October 2010


Rajkumar (Junior Lawyer)     26 October 2010

Hi roshini,

  First why able bodied womens gives dowry to there husbands.Now the present condition in India is no body is demanding dowry or shridhan from there wifes, because acroding to the current censes the womens ratio was lesser than men. For eg in a town or village there were only 800 women for 1200 men , there is a huge shortage of brides in our country .So first point is totally wrong .

The next thing is womens are highly quallified and earning equally to an able bodied man .

The second thing is in India the womens filling 498A cases are all false allegations and in order to harrsash there husbands they are using this as a tool and it has been proved in many cases in diffrent courts.

Now for even for small missunderstandings between husband and wife ,the wife leaves the matrimonial house and goes to there fathers house .After two or three months they will wait for there husands to obey her demands or he has to beg her feet to compramise her , if it failed they will put 498a ,125crpc and whatare the loop holes in the law  for harrasing there husbands to extract a huge sum as alimony or to get  a maintaince they will make use of it ,hidding in there fathers house .

Asking maintanice is a pure form of begging in the courts .The fate is even the employed women and well qualified women were the main beggers in the court .

To avoid the misuse of these laws the court should ask the relavent evidences at the time of furnishing the petition before the court .For eg if a womens files 125crpc , she should produce relavent documents of the income certificate ,IT returns ,the details of movable and immovable properties ect . If it is done no womens in India will file false petitions and waste the court  time and court proceedings . I hope it will be soon come .

Roshni B.. (For justice and dignity)     26 October 2010

this is joke of the day! :)

that men dont expect dowry ..only women want to give.

ok even if women want to give,why do men get tempted to take it? Why dont they refuse?

BTW,we are not discussing false 498A cases here...this thread is discussing please stick to the topic


1 Like

Women fighting for self (studing)     26 October 2010

@ Roshni B :-- I do agree with you. and those words said above are perfectly 'Correct' and TRUE

1 Like

Roshni B.. (For justice and dignity)     26 October 2010

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