How DV maintenance is generally decided?
2 years ago
How much is interim maintenance awarded to Women in DV?
1) Highly qualified Wife ( Recently completed Msc Maths ) left job of monthly Rs. 20 thousand ( on herself resigned just before putting DV case )
2) Children are with Father and not with mother in Chennai
3) Wife staying at Father in law flat forcibly displacing them out of their own flat- ( father in law is sole owner of flat in chennai)
4) Man has to take care of displaced unhealthy senior parents
5) Not even single rupee spend by wife toward childerns or husband ever
6) Bank balance of Rs. 3 lacs with wife during filing DV case
7) Husbands income is Rs. 90 thousand. month and have responsibility of EMI , Childrens Education and upbringing and old age parents medical condition
8) Monthly left over of Rs. 10 to Rs.15 thousand by husband
What is probable amount that may be fixed by High court considering above facts as interim maintenance and for how much is probable period for this interim Maintenance will levied on husband?
It depends upon several factors. There is no jacket formula.
Husband can show all the expenditures to the court and that will help him to bring down the maintenance to be paid to the wife.
You can read more about maintenance in these blogs https://www.vidhikarya.com/legal-blog/Interim-Maintenance-under-the-Domestic-Violence-Act
https://www.vidhikarya.com/legal-blog/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary
Interim maintenance is generally demanded by the spouse to support his/her living conditions and maintain as it was at the time of living. The amount of maintenance is decided on these factors also how much the spouse paying the maintenance could pay. Period of maintenance depends on the case to case.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Amount of maintenance is generally 20 to 25% of husband's income but it depend on various factor such as expenses of the husband and custody of the child and number of years of marriage and earning and employability of wife. In your case your wife can ask for interim maintenance if her standard of living is not same as it was when she was with you and amount of interim maintenance which is generally monthly would be set as per this by the court. Interim maintenance is to be paid till the divorce is settled or wife is in a situation to support herself.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago