Maintenance amount calculation for wife and children
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"What is the procedure for calculating maintenance amount under Section 125 CrPC? My wife has filed for maintenance and I want to understand how courts decide the monthly amount. What factors are considered?"
Expert Legal Answer
Metis Law Chamber
Legal Experts
Maintenance Under Section 125 CrPC:
Section 125 provides for maintenance of wife, children, and parents who cannot maintain themselves.
Factors for Calculating Maintenance:
- Husband's Income: Salary, business income, rental income, investments
- Wife's Income: Her earning capacity and current income
- Standard of Living: Lifestyle maintained during marriage
- Reasonable Expenses: Food, clothing, shelter, medical, education
- Number of Dependents: Children and their needs
- Age and Health: Of both spouses and children
General Guidelines:
- Usually 25-30% of husband's net income for wife
- Additional 15-20% per child
- Maximum combined maintenance typically 40-50% of income
- Courts consider inflation and cost of living
Documents Required:
Income certificates, salary slips, bank statements, property documents, expense receipts, medical bills, and children's school fee receipts.
Duration of Maintenance:
- Wife: Until remarriage or death
- Minor Children: Until they become major (18 years)
- Major Children: Until they become self-sufficient
Modification:
Maintenance amount can be increased or decreased based on change in circumstances like income increase, inflation, or changed needs.
For accurate maintenance calculation and legal representation, consult Metis Law Chamber's family law experts.
Important Disclaimer: This information is for educational purposes only and should not be considered as legal advice for your specific situation. Laws can be complex and fact-specific. For personalized legal assistance and representation in your case, please contact Metis Law Chamber immediately for a detailed consultation with our legal experts.
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