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quantum of maintenance claim

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I m confused pls help me

my query is .....plz tell me could a wife claim 50% of her husband's salary as a maintenance? is it true or not if not then how much she could claim as maintenance and final alimoney also.coz many people has given many wives , one is saying 20%-30%, one is saying 50%, one is saying 5000 is the limit anyone could not claim more than 5000. So tell me wich statement is true ?
 
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Advocate

Awarding of Maintenance to a wife out of her husbands salary depends upon many circustances like the lifestyle of the couple when they were living together, salary of husband, whether any children are there or not, how many persons are there as depnedants of wife whose responsibility of maintaining rests with the husband, the religion of the parties, whether the wife is also earning or not etc.


All these facts have to established and proved by way of examination and cross examination during trial.


Like wise the permanent alimony would also be awarded


 

 
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Advocate

Mr. D.V.RamaKrishna is right. Quantum of maintenance of wife depends on the circumstances and status of the husband and wife.

 
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Advocate

As rightly pointed out by my other friends the maintenance to be granted to the wife is base on the income of both husband & wife as well if the wife is unemployed then certain criteria such as any immovable property existing in her name through which she can make income for he maintenance etc is also taken in consideration. The amount of maintenance fixed by the court can always be altered with the change in the income of either of them & circumstance of the case. The amount that should be allowed to the wife need not be a fixed % and it varies from the facts of the case, requirement of both parties, status of living, other personal responsibilities on both such as parents & children. There is no such thing that in no case the amount of maintenance cannot  be more then Rs5000/-P.M. for example, if the husband has income of Rs1lacs after paying all taxes then how can the court fix only Rs5000/- as monthly maintenance for wife? In such case the wife will claim more then Rs5000/- as monthly maintenance & even the court will grant it. At the same time if both husband & wife have almost equal monthly income & expenditures then no monthly maintenance is allowed to either of them as the case may be under the Hindu Marriage Act, 1955.


 


 

 
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Faculty

as per my learned councel friends, the maintenance shall have to be granted to the wife is based on the income of both husband & wife as well if the wife is unemployed then certain criteria such as any immovable property existing in her name, of her own or gifted,  through which she can make income for he maintenance etc is also taken in consideration.


The amount of maintenance fixed by the court can always be altered with the change in the income of either of them & circumstance of the case. The amount that should be allowed to the wife need not be a fixed amount  and it varies from the facts of the case, social status of living, other personal responsibilities on both such as dependent parents & children.


There is no such thing that in no case,  the amount of maintenance cannot  be more then Rs5000/-P.M. for example, if the husband has income of Rs1 lacs after paying all taxes then why the court can't fix above Rs5000/- as monthly maintenance for wife? In such case the wife will claim more then Rs5000/- as monthly maintenance & even the court will grant it.


At the same time if both husband & wife have almost equal monthly income & expenditures then no monthly maintenance is allowed to either of them as the case may be under the Hindu Marriage Act, 1955.

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Quantum of maintenance of wife depends on the circumstances and status of the husband and wife. But in practical, courts fix the maintenance amountfor wife as 1/3 or 1/5 of the monthly income of the husband.

 
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advocate / commissioner of oaths

The maintenance claim will be awarded on the basis of the monthly earnings of the respondent and the necessity for daily living by the petitioner.


refer T.G.GOPALAKRISHNAN vs G.RAJAMMAL@ VANI [ (2008) 2, T.N.L.R   ,308] ( mADRAS).

 
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