Maintenance amount- How courts calculate the maintenance amount
Maintenance is the amount payable by the husband to his wife in case she is unable to maintain herself either during the existence of the marriage or upon the separation of the marriage. Maintenance includes various provisions like provision of residence, maintenance of wives, maintenance of children etc.
The main reason for maintenance is to offer the spouse the same quality of life, standard of living that was offered before separation.
The spouse maintenance is decided on various factors by the court.
These factors may include:
1.Sources of Income
2. Standard of Living of both the parties
3.Expenses required to maintain children
4.skills, capabilities, educational qualification of the spouse
When is the wife entitled to get maintenance?
- The wife has been subjected to cruelty during her marriage.
- If the husband is suffering from incurable disease.
- The husband has been keeping another wife while being in marriage.
- The husband has converted his religion to another religion.
There is no specific formula which can be adopted by the courts to calculate the amount of the maintenance but the courts have to keep in mind above-mentioned factors while granting maintenance and each case has its own merits thus there cant be straight jacket formaula which cab be used in every case.