LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kunal Mukherjee (Father)     10 November 2010

Quantum of Alimony

I have been given to understand that the quantum of alimony payable to the wife "would be" between 1/5th to 1/3th of the husband's income LESS the income of the wife. It is in this context that I have the following questions for this forum -

1. Is the above (1/5 - 1/3) only a guideline or is it sacrosanct and based on specific higher Court judgments ? Does the amount not depend on the number of children under the custody of the payee & payor parents ?

2. Is the amount all-inclusive or are husbands ADDITIONALLY liable to provide residential accommodation etc.?

3. Since the interest amount of any PPF account is 'earnings' by definition AND is open to withdrawal after a certain number of years as per PPF regulations, are such amounts considered as 'earnings' for the purpose of alimony calculation ?

4. From personal experience I find that alimony pendentilite is taxable which means both my wife and I pay income tax for the same amount of money. Is there no ruling against such obvious double-taxation ?

5. Unless clearly proven otherwise, is not the ITR expected to representative of the actual earnings of the respective parties for the purpose of computation of alimony ?

The questions that keep cropping up as each frustrating day goes by are many but I thought I would limit it to the above five and look forward to answers here.

Thanks



 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register