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Rihan   11 August 2018

How court decide maintenance

Husband lost the job due to false 498a & 3,4-DPA case. He is doing part time job (15K permonth) and searching for good job. Wife filed maintenance in court, said husband is working in MNC earning good income (1lack per month). Wife dont have any proofs to show.

In this scenario court consider whose words husband ot wife?  how much amount wife gets maintenace. They have daughter also. Daughter is with Mom. Pleae advice.



Learning

 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     11 August 2018

Dear querist, 

Maintenance under any provision of law in India works on one principal “If any person having sufficient means neglects or refuses to maintain”

Person claiming maintenance has to give proof of the other party has sufficient means.

Considering your 15k id she is able to proof in court, may get Rs 5000/- to Rs 7000/- as interim maintenance for wife and daughter both.

Perhaps everything depends upon Judge and your lawyer.


(Guest)

Judges have discretionary power, so there is no hard and fast rule as to how much maintenance will be awarded.  It ultimately depends whether judge is biased or not.

Nidhi Jain   11 August 2018

the quantum of maintenance also depends upon how many dependants you have like mother father etc. your income from all sources.the standard of living of your wife when she lives in your home etc are also considerable factors.

Rihan   13 August 2018

Dear Shambo,

Best joke in 21st century. I and my friends are laughing from yesterday.  Quit the forum, play jokes with your frineds, not here. This forum is for professionals.

Kumar Doab (FIN)     25 August 2018

The spouse can show latest and past salary slips to his counsel and also his liabilities and then submit to court under expert advice of his counsel.

Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/Civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , by showing all docs for a considered opinion.

Your very able counsel is to help and guide you to defend your interest.

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/Civil courts, HC, SC……


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