Q:I am working in a central government department in Calcutta. My wife has been staying with her parents for the past five years. Recently, she has filed a maintenance case in the family court seeking alimony. Is it correct that the court may fix one-fifth to one-third of my salary as maintenance amount from the date of case filed? Will the house rent allowance and the transport allowance be included for calculating maintenance amount as it is shown in the monthly pay slip? I have a transferable service. The percentage of HRA and TA may vary depending on the location. Is there any government rule or court order by which HRA, TA or other allowances are exempted from paying maintenance amount to spouse? What is the amount I will have to pay?
Name withheld
A:There is no hard and fast rule regarding the quantum of alimony that a court may award. The object of granting maintenance to an estranged wife is to ensure that she may be able to live in a manner that is commensurate with the social status of her husband. The courts thus try to quantify the most reasonable amount to cover the requirements of such a person to be able to live separately, taking into account her station in life and the means of her husband.
Whereas the gross income of the husband is relevant for the purpose of judging the standard of living, for calculating the maintenance amount, what is considered is the disposable or carry-home income. This is arrived at by deducting from the gross income only such items of expenses which are compulsory and over which the person has no control of any kind, such as payment of income tax, etc. However, payments made in respect of running the household, paying salaries to domestic staff, paying rent or electricity charges, or even making payments for life insurance premiums, are not deducted for calculating the disposable income. In ordinary parlance, the court is concerned with the take-home pay (less the compulsory payments). I have not come across any particular government rule that may be applicable in your case for exempting the allowances mentioned in your question.
In arriving at the quantum of interim maintenance, there are some rough and ready guidelines followed by the courts. For example, under the Indian Divorce Act, the proportion of one-fifth of the husband?s income is fixed as the maximum amount that can be awarded. However, there is no such maximum or minimum restriction or fetter under the provisions of the Hindu Marriage Act, 1955. Nor is there any statutory formula that the courts have to follow. Each case is to be determined on its own facts.
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