This is a perennial question asked by men facing marital issues and one of these maintenance cases:
- CrPC 125
- Sec 24 of Hindu Marriage Act (HMA 24)
- Maintenance asked in petition filed under DV Act (the maintenance proceedings run under CrPC 125)
It seems no amount of replies as to how it will be calculated is enough. Maybe when the mind gets into an obsessive mode thinking about something, it asks the same thing again and again no matter how many answers anyone else can provide, be they laymen or experts it doesn’t matter much!
So instead of attempting to give an answer it, I have decided to post some useful judgments where maintenance was decided seemingly in an objective manner based on data presented in front of judges by both husband and wife.
So this should be simple homework on whoever is dead serious on assessing their likely maintenance amount to the last Rupee. If reading these judgments make your head spin, and you immediately leave this site, shoot a question on Facebook, or another online forum about how much maintenance amount is likely to be ordered; or start to think whether quitting job is a good way to save maintenance, then maybe the question needs to be put to yourself and not others.
Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income