Divorce Maintenance
1 year ago
my salary is 1 lakh per month .I am paying for life insurance 27,000 per month ,rent 15,000 per month ,medical 15000 and other monthly spending around 20000 , how much maintenance I have to give my wife and 2 kids when the divorce case in court?
A.Dear Sir,
normally the wife is entitled 25% of your net salary and each child is entitled for 15% of your salary. Your insurance premium doesn't include in the category of expenditure. The formula for calculating alimony is as follows:
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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
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.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
normally the wife is entitled 25% of your net salary and each child is entitled for 15% of your salary. Your insurance premium doesn't include in the category of expenditure. The formula for calculating alimony is as follows:
---------------
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
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.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
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Anonymous
Replied 1 year ago
I am working in IT field. what will happen If I loose the job ? how will I pay the maintenance ?
Subhashis Paul
Responded 1 year ago
A.First of all there is no such specific amount or share is mentioned under the law for giving maintenance but generally the learned courts grant an amount equivalent to 25 % of the net monthly income of the accused person. Depending on the assets and liabilities of both the parties, the learned court decide and grant such maintenance. Moreover basic needs and lifestyle of both the parties are considered before granting any maintenance. If the wife have any independent source of income or savings or is capable of earning then she shall not be entitled to get any maintenance. Furthermore, if she is earning then the maintenance for children is divided into two equal shares between the husband and the wife. For further detailed query you need to approach an advocate.
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A.Hi client,
The 25% of the net monthly salary of the husband is paid for the monthly payments. In case of the lumpsum amount it ranges from 1/3 rd to 1/5 th of the net worth of the husband.
Now, a lot of things are taken into consideration.The status of your wife , whether she needs maintenance , if you have a child, in case if the wife is working etc. are taken into consideration.
The discretionary power of the judge is a very important factor.
Thanks and Regards
Simi Paul
The 25% of the net monthly salary of the husband is paid for the monthly payments. In case of the lumpsum amount it ranges from 1/3 rd to 1/5 th of the net worth of the husband.
Now, a lot of things are taken into consideration.The status of your wife , whether she needs maintenance , if you have a child, in case if the wife is working etc. are taken into consideration.
The discretionary power of the judge is a very important factor.
Thanks and Regards
Simi Paul
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Anonymous
Replied 1 year ago
We are having 2 kids and my wife not working currently. In that how much maintenance to be paid?
Advocate Simi Paul
Replied 1 year ago
Hi client,
In that case she and your children should be maintained by you.
The law remains the same, as I have answered earlier.
Your advocate can pray for reducing the amount before the honourable court. If deemed fit it might be reduced.
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