There is no hard and fast formula laid down in the law for calculating the maintenance to be paid to wife (and/or minor children). It all depends on the facts and circumstances of the case, including the income of the husband, income of wife (if any), number of other dependents, living standards of the parties, their life styles, their financial requirements, etc. It may be true that generally the maintenance may be in the range of about one-third of husband’s income, but there is no hard and fast rule and it all depends on the facts of each case.
You can show all relevant facts to the court, including deductions from your salary, your old parents being dependent on you, etc. The court would generally take all these aspects into consideration while deciding the maintenance.
In the worst scenario for you, if the court decides the maintenance amount which is almost equal to your take-home salary, you have the option of challenging that in the higher courts. If needed, you may also request the bank to reduce the EMI to adjust your take-home salary by showing the court order.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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