How much maintenance need to be paid?

Situation : Hello Sir/Mam I seek legal advice in case of my cousin brother's marriage. My cousin brother (age 35) got married in Jan 2019. Both husband and wife (age 34) are graduate but not earning (jobless). His married life was good until 2-3 months from the date of marriage. He got some health issues and probably due to miss treatment ( as well as due to the psychological stress), it resulted in impotency. His wife and her family believe that his impotency cannot be fixed by treatment (just within 3 months of the treatment). And she wants to divorce. his wife and her family want following in form of maintenance. 1) They want to fix monthly amount till she gets re-married Note: Both husband and wife are graduate but are not earning (jobless). The husband doesn't possess any property on his name. 2) They want a share in bank balance posses by husband's mother 3) They are also asking to reimburse the marriage expenses incurred (Like: marriage hall booking amount, dinner amount, etc.) 4) They are also claiming on all the pieces of jewelry given by husband's side to the wife as gifts. They also want back all the gifts given to the husband by them as well. 5) They also want an
Related Topics : Divorce Law
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Advocate Justice Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross, Malleswaram, Bengaluru, Bangalore 
For More Details Contact On +91 7769012300.
A:

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

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