Rahul 23 August 2021

Is it good to show unemployed or less income?

Is it good to show UNEMPLOYED or LESS INCOME?

POINTS from different attorneys on Lawers-Club-India :-

(1) There are conflicting judgments delivered by Supreme Court and various High Courts on maintenance of earning wife. 25% of salary of husband has been granted in a CIVIL APPEAL NO. 5369 OF 2017 (Arising out of SLP(C) No. 34653 of 2016) KALYAN DEY CHOWDHURY Versus RITA DEY CHOWDHURY NEE NANDY

(2) The Delhi High Court has further clarified a few more matters like, for husband, being jobless does not work as an excuse for not paying maintenance.

(3) Generally Court awards one third of your income, as a maintenance to wife and child.

BACKGROUND: -

- Hindu Marriage in 2007 -Son was born, out of wedlock in 2008.

-Husband/Myself, handicap due to accident, so wife left in 2009.

-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.

-Whereas, wife is software Engineer, and earns Rs. 87,000 / month. And has a flat in Mumbai worth 5.75 Crores.

QUESTION: Because of being HANDICAP, I am unemployed, so that is what my lawyer has put forth in front of the court, but still the court ordered an interim maintenance of Rs. 9500 for my child (based on my Job that I had 9 years ago, before my accident). Wife is intentionally delaying the CrPC 125, by delay tactic, so should I actually show that I am UNEMPLOYED, or show that I am earning a non-regular income of say Rs.8000 to Rs. 10,000 by taking tuitions?

QUESTION - AGAIN: Is it good to show UNEMPLOYED or LESS INCOME?

ANALOGY/REASONING: If anyways Judges are extra lenient towards wifes and kids, then why leave it to Judges discretion/guestimate? If I am unemployed because of my HANDICAP status, and if the Judge can conveniently ignore that, then why not claim inclome of Rs. 10,000 and then pay only 1/3 of it as maintenance?

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4 Replies

P. Venu (Advocate) 24 August 2021

The query is too speculative to make any meaningful suggestion.

Rahul 24 August 2021

Dear Respected Venu Sir,

HEALTH WISE: I have an artificial graft attached to my heart/aorta to pump blood + rod in my leg (and other issues)

REASON: If court can order interim maintenance for child (Rs. 9500/month), from an unemployed and handicap husband, then working wife is asking for Rs, 65000 for herself and Rs. 70,000 for child, per month.

I am unemployed, (no father) so my/husbands mother is paying the interim maintenance

POINT: Working wife (Monthly Salary Rs. 87,000 + Rental income Rs. 52,000 from luxury flat in Mumbai)

QUESTION: As we know, the court is always lenient towards women and children, but what about me? Is it that court is creating a situation where the system is telling me that handicap people have no right to live? Let alone life with dignity?

Dr J C Vashista (Advocate) 24 August 2021

If you are unable to maintain yourself and your spouse is well off (even if she is your wife) she is legally socially and morally liable to maintain you.

Rahul 26 August 2021

Dear Adv. Vashista Sir,

Thank you so much for a explanation. I do appreciate it.

WIFE: In our case, wife is a Software Engineer, earning Rs, 87,000 + Rs. 52,000 from her Mumbai Luxury flat.

HUSBAND: Handicap and Unemployed.

QUESTION: Still wife is asking for a huge alimony between Rs. ,65,000 to Rs, 75,000. or a one time alimony of Rs. 60 Lacks.

We had 8 counselling sessions in last many years, and every time, even the counsellor is asking me that how much I am willing to pay, as if its written somewhere in the law, that : "Its only the husband who has to pay the wife".

What to respond to such Counsellors or Judges, who thing like that?

Thanks again for your time and be greatly blessed.