Response

The wife is entitled to 1/3rd of husband’s gross income as maintenance if there is no other dependent member.

The court has held that for calculating the amount of maintenance payable to the wife, husband’s gross income should be divided up into three parts – two parts for the husband and one for the wife if there is no other dependent.

The high court ruled that granting maintenance under the Domestic Violence Act was not dependent upon the expression “unable to maintain herself”.

Also, the expression “unable to maintain herself” does not mean capable of earning.

In case there is a dispute as to whether the wife is gainfully employed, the court cannot assume that because she is educated or was employed prior to her marriage, she would be gainfully employed.

You have a right to maintenance to maintain your life with decent living standards and as you are taking care of the family,

You can request the appropriate amount as per expenditure.

Threatening cannot be a basis for justification to control expense.

You are legally entitled to get at least a minimum of 50,000 rupees for maintaining yourself and your children if you go by orders of the court.

The percentage may vary based upon various factors(wifes earning/husbands earning/living status/husbands liabilities, etc).

Reference: Section 125 of CrPC

202100340-20210021-3523

LAWAYZ-2023-208