Divorce - Me and my husband both are government servants Divorce - Me and my husband both are government servants

8 months ago

Me and my husband both are government servants of karnataka government earn equal salary of Rs. 55000/- per month. now we r going with mutual consent divorce process. we have on child of 2 year old. how much child mantainance can i get from my husband?

Anik

Responded 8 months ago

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A.Dear Client,
In India, child maintenance is governed primarily by the Hindu Minority and Guardianship Act, 1956. This law applies to Hindus, Buddhists, Jains, and Sikhs. It establishes the responsibility of both parents to provide for the maintenance and upbringing of their children.

In cases of mutual consent divorce where both parents are government servants earning equal salaries, the court will typically consider the following factors in determining child maintenance:

1. The financial needs of the child, including education, healthcare, and other necessary expenses.
2. The standard of living of the child and the lifestyle to which they are accustomed.
3. The income and financial capacity of both parents.
4. Any existing custody or visitation arrangements.
5. The age of the child and their specific needs.

Based on these factors, the court will make a determination on the amount of child maintenance that the non-custodial parent should pay. The court will aim to ensure that the child receives adequate financial support for their upbringing and well-being.

It is important to note that there is no specific formula or fixed percentage for calculating child maintenance in India. The court has discretionary power to assess the unique circumstances of each case and make an appropriate decision.
Thank you.
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