JACK FERNANDIS (PQR) 28 February 2012

Pls suggest on maintainance strategy…i am dying to know

My wife has filed a Domestic Violence against me on 25-02-2012…… With having all the false allegations of beating her…. Which is not true … since last 1&half year she is staying with her parents…. Since her maternity delivery happen to her parents home….. now my daughter is 13Months old……. But they are not allowing me to see her.

TRUST ME FRNDS I AM AN IDEAL & INNOCENT HUSBAND OF THE UNIVERSE THEN TOO THIS HAPPENED WITH ME….DONT KNOW WHY?????

Now she has file a DV against me? & in her petition she claiming that I am getting Rs. 40000 pm……. & no one is depend on me… & hence she wants Rs. 20000 pm from me as a maintenance.

But fact is as follows:

1 - I can deny her all the false allegations with the evidences that I have beaten her & demanded any money from her father.

2 - In this circumstances also I am ready to take back her happily, then why should I give maintenance?

3 - My net salary is Rs. 28000 out of which Rs. 17000 is the House Loan EMI (My current residence Home which I bought on 01-06-2011 @ Rs. 21,00,000) & Rs. 7000 is Personal Loan EMI. So my net monthly income is Rs. 4000.

4 - My old non-pensioner parents (suffering from critical illness) & my younger brother (studying) & younger sister (studying) are my dependents (Total 4)

5 - Actually My younger brother is working that’s how my family is living …..but I will be showing him as a student.

On above mentioned grounds please suggest me what will be my interim maintenance amount & final maintenance amount approximately? So that mentally I can prepare.

On the other hand if I do following options then what?

A – If I shows false occupation that I am working in any of my friends office as a cleark and getting Rs. 5000 monthly salary.

B – If I talks with my HR Dept about this make necessary arrangement that I am on a contractual job & getting Rs. 5000 monthly salary.

Because My final intention is that I should to pay very minimum maintenance. So please suggest me any other ways to escape or make it minimum.

Pls reply I am desperately waiting.

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4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 28 February 2012

you working somewhere which your wife is knowing so do not play any sharp tacticts.

Yes you can claim all deductions and can agree for maintaince on the basis of on hand income.

Go for revision if order is against you , it will be worth the efforts and expanses.

JACK FERNANDIS (PQR) 28 February 2012

WHAT IS REVISION?

rajiv_lodha (zz) 28 February 2012

1st of all try Grewal SC judgment that she can not apply DV against u after 1year.

Next, delay the case & plan ur strategy further to aviod maint............u may seek mediation if u want to take her back

Tajobsindia (Senior Partner ) 29 February 2012

@ Author

There is 'an art' as in art behind contesting family law cases for husbands. Now having given you a hint I suggest read last 200 messages under family law forum and criminal law forum pertaining to maint. and you may rest in peace.

However, some 'wise men' at the time of creating LCI; a legal portal website rightly put in bold red text some wise wordings and without stirring copyright violation I am taking liberty of placing their wise wordings for your kind introspect;

Top of Form

Note: This is a public forum. Avoid posting content which you do not wish to disclose in public.

After placing above statutory insight before your wide open eyes, my only Re. 1/- to your query before us is to now Bottom of Formtake deep breadth and come on one-on-one with prudent member(s) under family law forum whom after reading their last 200 messages you found apt to satisfy your question on contesting maint. strategies.
Reasoning: For your opponent (i.e. your errant lady in question) you have already created enough evidences by self placing above large piece of self strategy to defend yourself which is not the right way to do things under Family Law in public forums!!!!