Does court guesses about CHILD MAINTENANCE?
POINTS:-
(1) Husband/Myself is unemployed because of his handicap status, but wife is showing my salary before my accident, and that was from year 2011. Court decided Interim Maintenance of Rs. 8000/month for child, and husbands mother (child's grandmother) is paying out of her limited pension.
(2) Wife never allowed husband or husbands side of the family to see his son.
(3) Wife wants 100% custody, and doesn't want to share custody of the child, but she wants only to share the child expenses.
(4) From 2011, husband/myself literally gave up on child visiting rights, because of all the harassment cases that wife filed and FOR THE SAKE OF CHILD'S MENTAL HEALTH, I decided not to let the child get crushed in this divorce 0r harassment cases. (NOTE: I finally gave up my visitation rights, so the child would not get crushed in that battel)
QUESTION:-
(A) When deciding child's maintenance, for a handicap / unemployed husband, how the court will calculate the amount? (NOTE: Interim maintenance of Rs. 8000/month, was just out of the blue)
(B) The general rule of thumb is 1/3 of husbands salary, but I am unemployed, and take tuition's to make ends meet. I earn Rs. 7500/month, and every year file for INCOME TAX for the amount of Rs. 90,000/year. So is it advisable to show Income Tax returns in the court? Will the court use the general rule of thumb: "1/3 of husbands salary", or still guess for the final maintenance amount?
(C) If wife earns almost Rs. 1.25 lacks/months, then too court will decide 50-50 child expense distribution between husband & wife?
(D) I am handicap, and hence unemployed, and hardly make Rs. 7500/month, by taking tuition's. So still court can decide Rs. 8000/month as the final maintenance for the child? If its all guess-work, then why even have court dates/hearings? I guess, there is no basic rule for granting maintenance, and it just depends on the whim of the judge, is it?
(NOTE: Strange, that wife earns Rs. 1.25 lacks/months, and still tell the court that she as well the child cant survive on that, and it is EVEN MORE STRANGER, for the judge to agree to it)
BACKGROUND: -
- Hindu Marriage in 2007 -Son was born, out of wedlock in 2008.
-Husband/Myself, handicap due to accident, so wife left in 2010. -Wife never let husband or husbands side of family to see his son.
-Husband filed for divorce in 2011. Husband unemployed due to handicap status. Wife left me, as she doesn't want to take care of a handicap husband.
-Whereas, wife is software Engineer, and earns Rs. 87,000 / month + Rs, 42,000/month rental income. And has a flat in Mumbai worth 5.75 Crores.
