How much maintenance to wife if husband saving is less than Rs 1000

[Anonymous]

My salary is only Rs 8000 per month out of which I pay for house rent and medical bills of my mother and my net savings per month are less than rupees 1000. my wife has filed a case under section 125 of CrPC for seeking maintenance from me. in these circumstances how much maintenance can be granted to her by the magistrate under section 125 of CRPC?

[Dr. Ashok Dhamija]

The court will generally fix the maintenance to be paid by you to your wife by taking into consideration various aspects, such as your salary, your other income and property, your essential expenses, her income, a minimum living standard, her expected minimum expenses, your social status, etc. But, there is no hard and fast formula. It depends on facts and circumstances of each case.

If you show inflated expenses from your salary income, the court may ignore them from consideration. Keeping in view your salary income of Rs. 8000 per month, you may expect the maintenance of somewhere around Rs. 2000 to Rs. 3000 per month being fixed by the court, to be paid to your wife. This is only a general estimation and ultimately it is for the court to decide by taking into account various aspects, as mentioned above.

     

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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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