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I am expecting judgement of crpc125 case in next month from gurgaon, family court. My lawyer told that judge will grant approx 20-30K monthly allowance to ur wife and minor son as judge is lady and has more sympathy towards women.
HC wont allow 20-30k per month maintenance.
First file your income tax returns. Secondly its not just deductions from salary = take home salary. Detailed expenditure sheet need be filed to HC in maintenance case. Eg: Insurance, bills of electricity, phone, internet, petrol, medical bills, all such have to deducted from what you get in hand from the company. then what you get in the end, the total figure is your take home salary, [you have to be clear in your question].
Next, your wife's education qualification need to be made known to the HC, her marks card, if she is working, give the address of her employer to the HC, and summon the employer. In case she is not working and was workng earlier, give such details and ask for call or records from her past employer, if has a bank account, give that bank account number to the HC and ask for call of records. If your wife has immovable assets and you dont have details of it, ask for appointment of Court Commisioner who will get such details to the HC [he might take a bribe from you for this as he has to move around and collect such information, dont hesitate to pay him some money].
Finally for the kid, what is the kids age, what is the approximate expenditure of raising such a kid, for eg for 3 year old kid how mch is the exp, how mch is his school fees, how mch it eats, what is food expenditure, what is school bus fees, what is school fees, all need to be totalled and given to the HC, then again your wifes educational qualification will be considered along with her present/past income from employment if any/her immovable property/bank balance, then for the kid maintenance will be calculated proportionately.
Without you submitting all such details, HC will order something like what your lawyer has told. For wife's maintenance it is 1/3rd of take home salary which is taken into consideration.
My take home salary is 41K after deductions
and my wife is BCOM graduate from delhi university and is capable to earn for herself but intentionally is not doing the job.
Kindly advise it would be better to appeal in high court chandigarh against the verdict of FC if the monthly alimony is too excessive which i can't afford.
It is idiotic not to explain inf full about the case. When she filed 125, when you replied all that you have not explained. Now listen.. what the FC has ordered you have not mentioned, how mch money, all such money ordered as maintenance holds good only for a period of 1 year from the date of order, after 1 year you can file a change in circumstance application showing your take home salary as less than the previous year, of course with valid bills as explained above. Suppose if you met with an accident, your vehicle got damaged, you can show such expenses. Then again the FC will look into the matter along with all the details submitted by you and your wife and then arrive at a new figure for maintenance.
Dont think that the maintenance ordered is permanent, as you never know what will happen tomorrow. you might lose job tomorw, and then from where will you pay money, so each year you file change in circumstance application to FC.
Also she filed application in jan-2013. So, I will have to give the alimony from the date of application or from the date of order?
If you have not paid a single naya paisa to the court as maintenance from the date of orders, then you will have to clear off the balance first and then give change in circumstance application to FC, only then the FC will accept your application, atleast 50% need to be cleared so that they will entertain your application for change in circumstances. If not warrant will be issued, if you dont get caught, NBW will be issued and if caught you wont get bail until the judge grants such bail.
I see various judgements where HC or SC denied maintenence u/s 125-4 to wife as she is staying away from her home without any reason.
Yes, correct, but all those cases are diffrent cases, and not yours, giving citation wont be of any use in HC, HC wont interfere usually in matters of maintenance, it will interfere only if you have done all the above in FC, ie providing documents etc as explained above by me, and then readjudicate the maintenance that has already been ordered, if you have not done anything ie if your lawyer has not guided you as described above, no use going to HC, its best to pay off old balance of alimony and re-appeal as i have explained above.
Idon' t want to give a single penny to her as she deserted me
You should have proved that she deserted you in the FC itself, that is more than sufficient ground to deny maintenance to her. This stands only on one point, she has left me on her own accord and i wont give a single penny, there are many cases where judge in FC has flatly denied maintenance/alimony to stuboorn wife. Dont know what you were doing and what your lawyer was doing. Now no use talking all that. Just follow what i have told, call me if you want.
and filed false 498A case against me.
No use running behind court. Just pay your wife lumpsum money and ask her to withdraw case of 498a and also give divorce via MCD to you. Remember, time and tide wait for none, running behind court, you will waste 7-8 years behind 498a, 6-7 years behind divorce case, and still end up paying money in the end. So think and make the move.
I have also audio recordings and SMS which proove her false in the court.
Please advise.
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