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How do the #Courts decide #maintenance when the income of the #parties is not clear? And cannot apply any formula to the income.
The courts consider the following #aspects.
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The courts consider the following #aspects.
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1. CAPACITY
The presumption that every able-bodied person must earn and maintain their #wife and #children is not accounted for by courts in India.
Courts assume that the family has sufficient means to #support the #husband and provide income based on lifestyle.
The presumption that every able-bodied person must earn and maintain their #wife and #children is not accounted for by courts in India.
Courts assume that the family has sufficient means to #support the #husband and provide income based on lifestyle.
2. INCOME OF PARTIES
The courts are mindful of deductions on which parties have #nocontrol, such as Contribution to Provident Fund and other direct #taxes. ..
The courts are mindful of deductions on which parties have #nocontrol, such as Contribution to Provident Fund and other direct #taxes. ..
...They also take into account pre-existing #liabilities like home loans, marriage loans, and premiums towards life insurance policies.
Both Delhi and Punjab & Haryana High Court require an exhaustive list of #income, #asset and #liabilities affidavits to decide #maintenance.
Both Delhi and Punjab & Haryana High Court require an exhaustive list of #income, #asset and #liabilities affidavits to decide #maintenance.
3. NEED OF PARTIES
The #maintenance is no longer solely to prevent #vagrancy and #destitution, as courts have come to the conclusion that the wife should get sufficient maintenance to maintain herself and live in the same comfort as she was living in her matrimonial home.....
The #maintenance is no longer solely to prevent #vagrancy and #destitution, as courts have come to the conclusion that the wife should get sufficient maintenance to maintain herself and live in the same comfort as she was living in her matrimonial home.....
4. CONDUCT
The #Court considers #adultery, #cruelty, #promiscuity, #desertion, and other aspects when deciding maintenance, but judges are also human beings. If the wife is found to be deliberately delaying the decision on #interim #maintenance, the same is taken into account.
The #Court considers #adultery, #cruelty, #promiscuity, #desertion, and other aspects when deciding maintenance, but judges are also human beings. If the wife is found to be deliberately delaying the decision on #interim #maintenance, the same is taken into account.
5. EDUCATION & PREVIOUS WORK EXPERIENCE OF WIFE
The Supreme Court recently ruled that capacity and not capability should be taken into account when deciding #maintenance for highly #educated wives....
The Supreme Court recently ruled that capacity and not capability should be taken into account when deciding #maintenance for highly #educated wives....
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