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.
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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
Arun says
July 7, 2019 at 6:24 pmHi
I am earning 46000 and my wife is earning 36000 in that case what maintenance will be applicable on me for my 5 year old son under her custody.
videv says
July 8, 2019 at 8:45 amYou can offer to share expenses equally (since salaries are not that different). It is difficult practically to get detailed expenses of child from wife, so one feasible way is to pay for school fees and other educational expenses of child directly to school etc; and the other expenses can be borne by wife. It also helps father to have a say on choice of school for the child, and some contact through school authorities.
While the maintenance issue is being decided, you can keep sending a few thousand Rs for the child. Most lawyers will advise against it – they are either just plain morons, or inimical to interests of husband/father.
Rahul says
October 19, 2018 at 11:57 amHi,
I am earning 1 lakh per month after tax and now fighting case of 125 with my wife. I have ex-parte section 9 decree where in the proceedings it is clearly stated she deliberately missed the hearings.
I have all her education records and earning records before marriage. She is B.Com and had done some creative design courses and was earning from them before marriage. We have been married for 6 years now. Tried settling out of court but no results as she was demanding more money.
Still have to respond to the petition so case is yet to begin. She is insisting on the standard of living. My father is pensioner so she is claiming more money as part of out of court stating I don’t have liabilities.
I am not sure what strategy should I choose to fight the case. Have a daughter of 5 years and willing to pay for her only.
Any thoughts?
videv says
October 21, 2018 at 9:32 pmOnly positive I see is RCR decree in your favour, so her prayer in CrPC 125 can be rejected on that ground itself. But what if she does come back for a short while, and then files cases (like DV Act, 498A) once again? That’s what happens when you push them against the wall.
>>I am not sure what strategy should I choose to fight the case. Have a daughter of 5 years and willing to pay for her only.
Offer to pay school fees, tranportation etc for child’s education directly to school. Apart from that you can offer to create separate bank account for child with both parents as guardians, and let her withdraw money only for sake of child’s expenses from that. This will ensure that the money in name of child won’t be used by wife for her own or someone else’s expenses. Then for wife’s maintenance, you can fight separately (based on her past earnings/education etc) since the child’s expenses have already been taken care of. Child is also 5 years, so the excuse that child is too small and needs mother no longer exists. But the only problem in India is that once a woman quits work esp after having child, it is taken to be her choice (or she might claim you forced to quit job), and husband is liable forever for her maintenance. Laws (patriarchal?, but no feminists are complaining) are also drafted like that, which leads to incentives towards sophisticated parasites.
Later says
October 10, 2018 at 7:01 amDivorced through muslim culture and wrt supreme court guidelines of talaq. Do I have to pay maintenance after iddat period. No children. She is working and earning 30k+ in company.
videv says
October 21, 2018 at 9:10 pmShe could always ask maintenance under DV Act even after divorce alleging domestic violence and the talaq itself as a form of DV. Best recourse to fight based on her income, and the fact that no children. If no such case filed, then maintenance may be only as per Muslim personal laws.
mukesh says
October 5, 2017 at 7:48 pmi have been ordered by Udaipur civil court to pay interim maintenance to my wife. She works as a teacher in the school.I am jobless person with no source of income whatsoever.Order of maintenance was passed last year in September which i couldn’t pay and then even spent jail term for the same. i have been asked to pay maintenance for the period starting from the date of filling the case and not the date of order. I have two kid and both are adult, daughter age 22 son age 19. Order was for 10,000 p.m. the order was passed by the magistrate without even listening to my side of story.She also has one of her relative as magistrate in the civil court who is influencing the order. Now i want to challenge the order please tell me what can i do.
videv says
October 6, 2017 at 8:51 pmYou can challenge any order. For procedure to follow you can learn by yourselves or from others in your area, or depend on whatever lawyer says.
Yash says
July 7, 2017 at 10:59 amHello, My sister in law filed false 498a case we’re awaiting chargesheet now. Now we’re what’s gonna be her next move. My brother is worried that she will file some case where she can ask for money for carrying her case expense. Is there any such law ?
She was working till 23rd May and filed case on 25th May.
Nirbhay says
June 12, 2017 at 7:46 amDear Sir,
Me and my wife are getting divorce . We have 2 years old baby. Both of us are students in a US university and moving back to India after finishing our courses. Now while filing divorce she is asking for a huge amount of money per month as child support. Both of us have same educational qualification and both of us are expected to have 50000 -60000 rupees salary per month . How much could be a good amount of child support amount ?
Thank you
videv says
June 14, 2017 at 5:23 pmChild maintenance can be shared in proportion to income of parents, however since you will probably be giving up on custody, wife could get more based on fact she is also taking care of child.
Child support amount can always be changed (by going to court again) based on change of circumstances.
You can read up on alimony which is gender neutral under HMA, it covers few judgments on child support also: Alimony and Maintenance under Hindu Law
Karan says
May 13, 2017 at 11:06 pmI got married 6 years back and was having a good business. Somehow my business went into loss and I get into financial loss. When I got married my wife was just 12th pass Now she is b tech(I was the one who made her admission and paid all the fees). She was sweet till she want money and completed her b tech..Now she left me with my daughter.Now last month she filed cases under 498a. Im self employed now with no known source of income. . Having pending loans and credit cards dues of past in the tune of 6 lakhs.. Not filling any income tax return since last 3 years as my income is not of taxable limits anymore..Staying alone. Father no more. Do not have any property in my name. Closed down my earlier business. Will she still able to get some maintenance form me.
videv says
May 21, 2017 at 2:36 pmTell all these in court… without that even if 10 astrologers tell you that your maintenance will be 0, there is no guarantee.
Vijay says
June 23, 2017 at 11:38 pmRespected sir,
I got judgement in 125 maintenance case for paying rs 9000 per month.my wife in her petition requested for 1 lacs per month.
Sir i want to know can she get more maintenance in judgement, means can her maintenance will be increased if increased than how much. Plz tell…
She had done mba and i had paid for her fees in completing her studies. We had hardly lived together for more thn 3 months. No child sir
I am an engineer in merchant navy.
Please give broad view sir….about maintenance will it can be decreased.
videv says
June 25, 2017 at 1:07 pmSometimes maintenance may get increased also, but since no child you can always fight it out and she won’t get sympathy because of child factor at least.
Best is to make sure your MBA bucks spent on wife’s education are put to good use, I mean to get wife working on her own. Argue that in front of judge. Let her find a job within 6 months to maximum 1 year. Argue what is the point of doing high qualifications like MBA if a woman can’t live without husband’s maintenance? That’s the only somewhat foolproof way to reduce or zero the maintenance amount.
One piece of advice: many women who are doing some post-graduate and such studies after marriage are doing it only for timepass, their intention is in fact not to work after finishing studies, but to use that as one more excuse to delay working, or even to use that expense on studies spent by husband to somehow try to increase maintenance amount. Good luck!
Rahul says
October 23, 2016 at 3:10 amHi,
my wife has filed false DV, CRPC 125, 498a case against me. She is earning 40K pm and I am earning 2.2 lacs pm (take home). I have two kids, one is 8.5 years and another one is 3.5 years old. Kids stay with my parents on FF after returning from school and then go to their mother after she is back from work at 6:30 PM. I am now staying with my parents on second floor. How much she can be awarded interim maintenance for herself and kids. Please note I am paying all the school fees, sports academy fees for the kids.
videv says
October 23, 2016 at 10:37 pm>>How much she can be awarded interim maintenance for herself and kids.
There is no formula. It all depends on how parties put forth their points in court. Try to create separate bank account for minor kids where both parents are joint guardians, and both parents can deposit into that in proportion to their incomes. Expenses (only for children) can be spent from the same account by either parent. Paying school fees is ok too in the meantime.
With 40K p.m income, no further maintenance is required and filing CrPC 125 is clear misuse of law. But she/her lawyer will try to go for standard of living argument so you have to deny that and forcefully argue on maintenance not needed for 40K p.m earner.
It seems unusual case because normally after IPC 498A etc or even just DV case etc, usually women take kids away completely. Maybe she is trying to see her options as of now.
vijay says
September 30, 2016 at 5:03 pmI want share something (specially for Srisha’s post Nov.15 at 2:03 PM) it is very good u got divore , now here is a question who obtained the divorce from court, both of u or only u.
1. Basically if you applied for divorce and she did not come to court then u obtain ex party judgement (divorce).
2. Now u ask any lawyer, he simply tell u that she is ur ex wife and not married any one, so u have to pay maintenance but now if u come under point no.1 then u just run to high Court to get stay on any maintenance ur are giving to ur wife, just read the definition of wife (in and by our Indian law).
The Code clearly does not define ‘wife’ but states that it includes women who is divorced by or has obtained divorce from her husband and has not re-married. So, who all can claim maintenance under the definition of wife?
:- Legally wedded wife
:- Divorced wife but not a re-married wife
I’m not a lawyer but I want to tell u that u had not given her divorce, u go to court to obtain divorce from her. Only Muslim husband can give divorce to his wife like 3 talaks but all other has to go to court for obtaining it. So u had notdivorced her u obtain it from court.
Now just find a good lawyer who could convince the high Court that only u obtain it as u got ex party divorce and question is here that now she comes under the definition of wife or not may be u will be able to get stay on maintenance.
ashok says
May 19, 2016 at 3:44 pmHI,
My wife left me after 5 months, her behavior was not good from the next day of marriage and she told me to take separate rented house although she knows my father is suffering from severe liver disease and i can not afford separate rented house, i tried a lot to take her back but she and her family denied to come back home.
now its near about 1 year past i want to continue with marriage but she does not to continue and she & her family blaming us, so in that case can you please advice what are the steps can i take also we both are working and did MCA Degree (equally qualified) she is earning around 30-35 k and i am earning around 55-60 k . i have to take care of my dad & mom also i have to bear expenses of my father medical bills in every month due to his severe disease.
can still she is liable for maintenance, we do not have any kid as she denied physical relationship too after marriage.
videv says
May 20, 2016 at 10:56 amEarning of 30-35k usually should be good grounds for 0 maintenance, but things are not 100% certain since many men make mistakes too.
To reduce maintenance, you can read my maintenance book. We don’t advice on divorce.
Rajesh Nema says
January 3, 2016 at 2:31 pmMy client is having a Below Poverty line Ration card yet on false claims 20,000/- interim was awarded .We have filed for alteration.Please suggest more.
videv says
January 5, 2016 at 6:50 pmTill few years back, I had heard some people having multiple PAN cards, for purpose of ‘saving’ income tax of course, and maybe other illegal things too. If someone can get a BPL card, can that alone be enough to proclaim that that person is below poverty line?
Gangadhar gore says
December 11, 2015 at 2:08 amI accepted crp 125 maintain.12000 pm but that becomes very hard to me according to cutting of salary.diverse is yet not filed ,how can save me .wife is qualified bsc mttc teaching in private school living with my daughter ,she forced me stay away from her outside dentally in goa pl.suggest
videv says
December 11, 2015 at 7:45 am>>wife is qualified bsc mttc teaching in private school
Produce proof of that to deny/reduce maintenance to wife. At the same time ask court to separate out child’s maintenance from wife’s. Ask court to order both husband wife to open account in minor daughter’s name and be joint guardians of that account. Funds to be used only for child welfare.
Srisha says
November 7, 2015 at 2:03 pmHow much I would have to pay for ex-wife(she applied for 125crpc in the month of novemeber 2015 )who is not working even though she is educated and done D.ed,BA,B,ed degrees and I am taking monthly salary of Rs.24000 including 7000 incentive(Rs.17000+Rs.7000=Rs.24000).
Please assist me to reduce to lowest monthly maintenance to my ex-wife. Because she left me 4 Months after marriage to look after her parent’s and we approached her to bring back but she refused to come with me and we applied for divorce there she attend one time and not filed any objection and later she never attended any hearings in the court finally city granted me divorce after so many chances given to her to attend.
videv says
November 12, 2015 at 11:47 amYou have to fight this rather than asking ‘how much I have to pay’, how can anyone know this except an astrologer!
Sharadchandra Danej says
November 17, 2016 at 10:57 pmIt is up to the court to decide how much you will have to pay as maintenance to your divorce wife. Mostly it depends upon your income, living standards and bare necessities for sustenance. You may consult a lawyer for this. Of course you will have to pay him his consultation fee. OR you can search the google.
Varun says
July 29, 2015 at 6:52 pmSir,
I am earning about 23K per month and the only source of income to my family. My parents are old and sick and are dependents on me. My wife has filed section 125 on me asking maintenance of Rs 20,000 per month saying she does not know any work.Whereas, I have all her Xerox copies of her educational qualifications, recent and past job experiences where she had worked before marriage also and earned well. She is qualified as MBA in Finance & HR. I have the XEROX educational documents as proof. Will it help.
Kindly advice.
videv says
July 29, 2015 at 8:22 pmYou can give details of parents’ illnesses too. Xerox docs can be used too during interim, and during cross exam in main trial… If she lies she can be liable to perjury (in theory at least). In the meantime collect more proof. If MBA qualified wife gets maintenance, then husbands are to be blamed for not trying.
Also you can read my maintenance book. By nature of your questions you really need it.
Varun says
July 29, 2015 at 5:51 pmSir,
I am earning about 23K per month and the only source of income to my family. My parents are old and sick and are dependents on me. My wife has filed section 125 on me asking maintenance of Rs 20,000 per month saying she does not know any work.Whereas, I have all her Xerox copies of her educational qualifications, recent and past job experiences where she had worked before marriage also and earned well. She is qualified as MBA in Finance & HR. I have the XEROX educational documents as proof. Will it help.
Kindly advice.