Kanika
11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE.
Kanika bhardwaj 31 Mar 2018

11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE.

11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE.

1.     Status of the parties.

2.     Reasonable wants of the Wife.

3.     The independent income and property of the Wife.

4.    The number of persons, the Husband has to maintain.

5.   The amount should aid the Wife to live in a similar life style as she enjoyed in the matrimonial home.

6.     Husband’s liabilities, if any.

7. Provisions for food, clothing, shelter, education, medical attendance and    treatment etc. of the Wife.

8.   Payment capacity of the Husband.

9.   Some guess work is not ruled out while estimating the income of the Husband  when all the sources are not disclosed.

10. The Husband to defray the cost of litigation.

11.The amount awarded Under Section 125 Cr.PC is adjustable against the amount awarded Under Section 24 of the Act.

 

While granting maintenance, the status of wife is also considered. It is not that wife will get whatever she has demanded in Court. But, husband has to pay atleast some amount after considering the above mentioned 11 factors.

THANK YOU

 

KANIKA BHARDWAJ

ADVOCATE

NEW DELHI

CONTACT NO. 9582000415


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User Comments
Ajay
If wife is Govt bank employee and earn more than husbsnd and quit/ drop her child to husband ??
Ajay 1 Apr 2018
Kanika
In that case , the maintenance can be bought down to minimum or can be waived off also. Depending upon other facts also.
Kanika bhardwaj 1 Apr 2018
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