Response

The maintenance amount that is calculated is based upon the following factors:

Total monthly home income of both spouses without tax.

Educational background of both spouses.

The number of years of marriage.

Number of children and child custody.

The spouse with less income or no income can get a maintenance amount which is equal to 20% to 30% of the total monthly income of the other. As per the judgment passed by the Supreme Court, alimony amount should not exceed 25% of the husbandÕs income. The aforesaid limit is applicable in case of monthly payout.

Generally, the wife cannot get more than 20-25% of her husbandÕs income as alimony. In order to get this amount, the wife has to prove that she is not able to maintain herself. For the same, the wife can submit the details of her monthly expenses and sources of income & property (if any). The difference between the former and the later can help her prove that she is not able to maintain herself.

The wife has to give the proof of the husbandÕs income and can provide his photocopied income tax returns to show that her husband earns a decent amount of salary and he earns more than sufficient to give her alimony. She can also take advantage of salary slips and bank account statements. Testimony of the colleagues of the husband can also be helpful. In case the wife does not have access to the documents, then she can also file RTI/s

Reference: Laws Applicable: Hindu Adoption and Maintainence Act, Criminal Procedure Code

Sections Applicable: Section 125 of the Criminal Procedure Code

202100292-20210041-9031

LAWAYZ-2023-223