Indian courts do not use a fixed formula, but in practice maintenance is usually assessed at roughly 15% to 30% of the husband's net monthly income, adjusted for the wife's own income, the number of children, and the standard of living during the marriage. Use this calculator for a realistic range, then read how courts actually decide so you can argue your case properly.
There is no statutory formula. The Supreme Court has repeatedly held that maintenance must be a reasonable sum that lets the claimant live with dignity, in roughly the same standard she enjoyed in the matrimonial home. In practice courts weigh five things:
Because interim maintenance is payable from the date of the application, delay in filing directly costs money. Filing early with clean income evidence is usually worth more than arguing aggressively later.
No. Courts treat each case individually, but awards commonly land between 15% and 30% of net income. Some judgments have used one-quarter to one-third of gross salary as a working benchmark, which is why a range rather than a single figure is realistic.
Yes. Her income reduces the amount but does not eliminate the right unless she can maintain the same standard of living independently. Courts also consider that a working wife may still be economically dependent given the marital standard of living.
From the date of the application. This is why arrears build up during the case and why filing early matters. A delayed order does not mean lost money for the earlier period.
The court can draw an adverse inference, direct production of bank statements, or assess income from lifestyle and known assets. Evidence such as property records, vehicle registration, credit card statements and business filings often matters more than salary slips alone.
Yes. Either party can seek modification if circumstances change materially, for example a large salary increase, job loss, remarriage, or a child starting school. Modification applications are decided on the same factors as the original order.
The order is enforceable through execution. The court can attach salary, bank accounts and property, issue a warrant, or sentence the defaulting party to imprisonment for wilful non-payment.
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