Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Gaurav (Engineer)     13 December 2013

Retirment benefits

My wife filed petition u/s crpc125 to claim maintenence for herslf and 1 year old son. My take home salary is 40,000 per month after deductions like income tax , PF , NPS etc.

She is graduated in B.Com but currently not working.


I don't have self acquired property and i am living in the rented accomodation. Following r my liabilities :

1. Rent

2. Electricity and Water Bills

3. Internet

4. Conveyance

5. Mother - suffering from diabetics

6. Household Expenses

Will I have to give her the Rent as part of the maintenence ? 

How much court grants maintenence to her and 1 year old son ?



Learning

 8 Replies

Gaurav (Engineer)     13 December 2013

Can my retirements benefits like PF , VPF, PPF and NPS be considered while deciding the monthly maintenence to her ?

Adv. Chandrasekhar (Advocate)     13 December 2013

Your statutory deductions will not be taken into consideration while calculating your monthly earnings.

T. Kalaiselvan, Advocate (Advocate)     13 December 2013

There is no fixed parameter to fix maintenance amount except consideration of status of both the people.  Generally the take home salary (after deductions) will be taken into account but one can argue that the take home salary has to cater to the health expenses, rent etc etc, convincingly which will make the judges to consider the claim by the petitioner accordingly. 

SUKANTA BHATTACHARJEE (engineer)     16 December 2013

can wife claim a part of PF and gratuaty  amount after retirement of husband while 498A and 125 Cr PC  are  under progress?  can a wife claim a part of pension amount 

Gaurav (Engineer)     20 December 2013

My company is detecting VPF apart from the 12% of the basic pay. Will this additional amount be considered while calculating the maintenence amout for wife ?

ashoksrivastava (scientist)     20 December 2013

 

Originally posted by : Gaurav


My company is detecting VPF apart from the 12% of the basic pay. Will this additional amount be considered while calculating the maintenence amout for wife ?

@ Gaurav VPF contribution being voluntary , will not be considered as deduction/ liability for the purpose of calculating maint.

regards ASHOK

Gaurav (Engineer)     21 December 2013

Thanks Sir for clarification ... 

I have one two more queries to ask. 

1. I am working in MNC and company gives us incentives twice in a year under "company incentive plan" but these incentives are variable and depends on various factors like individual performance, buiseness unit performance , sub-buisness unit performance and overall company performance. Will these incentives be considered while calculating the monthly maintenence to wife ?  

2. Company is detecting amount towards pension ( Contribution of 12% of basic pay by company and the Contribution of 12% of basic pay by employee) under National Pension Scheme. Will it also be considered for while calculating the monthly maintenence ?

  

ashoksrivastava (scientist)     22 December 2013

Originally posted by : Gaurav


Thanks Sir for clarification ... 

I have one two more queries to ask. 

1. I am working in MNC and company gives us incentives twice in a year under "company incentive plan" but these incentives are variable and depends on various factors like individual performance, buiseness unit performance , sub-buisness unit performance and overall company performance. Will these incentives be considered while calculating the monthly maintenence to wife ?  

2. Company is detecting amount towards pension ( Contribution of 12% of basic pay by company and the Contribution of 12% of basic pay by employee) under National Pension Scheme. Will it also be considered for while calculating the monthly maintenence ?

 @Gaurav average incentive will be considered for maint

Regarding NPS I think you have got your facts wrong. company does not contribute 12% of basic towards any PS in addition to PF ( total of PF contribution and PS contribution will be around 12% of basic)

regards ASHOK


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