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Maintenance Amount as per Section 24 and 125Maintenance Amount as per Section 24 and 125

Family »Posted 1 Jul 2020 Post Answer

legal question I am and my wife separated since 4 years. Wife filed restitution of conjugal rights petition and I filed divorce petition. 13 year old son living with me outside India. Wife has filed maintenance as per section 24 in divorce petition proceedings as well as maintenance petition separately as per section 125. On what basis maintenance amount is decided? As per my Indian bank account or my current salary which is not known to her? Wife is educated but not doing job. How to avoid giving high maintenance?

legal answer from lawyer E00319629Sir,
The maintenance is decided on many factors and primarily she will claim for her basic survival expenditure like rent day to expenses health related etc.
as your son is with you, less maintenance may be awarded. she claim higher amount but you need to exercise caution when you produce documents related to your salary. Contact me to avoid higher maintenance i can guide u.



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legal answer from lawyer E00303568sir, prove in court that you are not doing any kind of work & she is doing work & earn money. So no maintence will be granted to her.


call through pathlegal for any advice.



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legal answer from lawyer E00293685Maintenance shall be decided on the basis of income and liabilities of husband and wife. If wife is not earning then she and son shall be entitled to upto fifty percent of your income. There is no way to avoid maintenance.



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legal answer from lawyer E00307724If she is working then u can go for the high court.. Or to reduce also u can apporach.. For best contact us



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legal answer from lawyer E00019212sir not doing job then you have to provide her . sir it is 1/3 of your monthly salary . sir what is the ground of divorce . sir you can try for the one time alimony for rest of life for the wife , sir if you have any asset then transfer it in mother name and add mother in your every bank account be safe . wife do not know it is good , but if by chance she get to know , so be safe .



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legal answer from lawyer E00311215Vadhare solution mate tame pathlegal per thi mane contact kari sako cho.
Thanks



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legal answer from lawyer E000044561) She can file for both such applIcatio under section 24 of the HMA which is for interim relief to attend court and pay the advocates fees and while the other is a complain under section 125 of Cr.P.C. for seeking monthly allowance payment for her general welfare.
2) Please do click upon the like thumbs up tab shown below this reply format in token of appreciation for my having replied to your query satisfactorly.
Thanks.
Adv. Rohit Sharma.
Ahmedabad.



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