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ashis kawtia (proprietor)     19 September 2012

Maintaince demand from wife sec 125 (family law)

if my family's income including mine is around 1 lac month and mine around 10k and my wife have filed a case of maintenance u/s 125 will the court consider my family income or just my personal income?since i am residing with my parents and the house is owned by them can she ask for a share in the property



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 5 Replies

Tajobsindia (Senior Partner )     20 September 2012

1. Only your income minus all permissible deductions on a/c of liabilities only is considered as 'income' of husband for maintenance calculation purposes.
2. Parents registered property she has no rights upon till they are alive and when they have not been transferred to you further till your life time she has no rights provided no child out of wedlock the spouses have.

 

Adv. Chandrasekhar (Advocate)     20 September 2012

If your income is only ten thousand you have nothing to do with remaining ninty thousand (it shall not be income of HUF), then she can claim maintenance only on the amount of Rs.10,000/-.  She can ask shared household (residential rights) in the house, but not property rights on that house at this juncture.

stanley (Freedom)     20 September 2012

What in case the remaining income 90 thousand is from HUF than ??

ashis kawtia (proprietor)     23 September 2012

do i have to give my show cause on the very first day i appear before the family court or can i seek time to reply(case filed u/s 125cr pc for interim and regular maintence)?can the court pass the order for interim maintence the same day or after i give the reply?can i hire a lawyer for family court or is it so that it can be done only if the court permits to do so?

Tajobsindia (Senior Partner )     23 September 2012

1. Mark your appearance (ask for copy of her applications if already not received) and seek time to file reply as well as for appointment of an amicus curie for the case pending adjudication before the Family Court.

 


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