A common misconception among women is that they must wait for the divorce case to end (which takes years) to get financial support. This is false. Indian law prioritizes the immediate survival of the wife and children.
1. What is Interim Maintenance?
Under Section 125 of the CrPC and Section 24 of the HMA, a wife can claim Interim Maintenance while the case is pending. The court ensures that the wife maintains the same standard of living she was accustomed to in her matrimonial home.
2. How is Alimony Calculated?
There is no fixed formula, but Surat courts generally consider:
- Husband’s Net Income: Usually 20% to 25% of net income is awarded.
- Wife’s Income: If the wife is earning well, maintenance may be reduced, but not denied entirely if there is an income disparity.
- Liabilities: Dependent parents or loans of the husband are considered.
Consult Advocate Om Sharma for maintenance calculation and recovery.
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