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Last Updated On 11-Aug-2018
Divorce and Separation

How much alimony or maintainance need to pay?

Hi, I'm seeking divorce from my wife. I earn around 1.2lc per month and having 65lc of home loan with Emily of 56k. We have a son 6 month old staying with my wife with her parents. I want to know how much monthly maintenance I would be paying her.

( Pune, Maharashtra )

10-Aug-2018

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A.
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a “just and proper” amount as alimony. The apex court’s ruling follows its inclination to protect claims of women in matrimonial disputes affecting their financial status. “A Hindu woman’s right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property... . It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties,”
Posted On 11-Aug-2018
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A.
Supreme court given guideline about how much maintenance should be awarded to ex wife such as,“Twenty-five per cent of the husband’s net salary would be just and proper to be awarded as maintenance to the (former) wife. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case... and the court would be justified in moulding the claim for maintenance passed on various factors,” the bench said.
Posted On 10-Aug-2018
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