Maintainance amount
venkat
(Querist) 11 March 2013
This query is : Resolved
Respected Members,
I have filed Divorce petition and my wife filed for Interium alimony. She is asking for Rs 30000/- for her and my 3 year daughter. That include Rs 10000/- for legal charges. My gross salary is Rs 51000/-, and take home is Rs 37000/-. My deductions include PF, TDS, persoanl loan EMI, Voluntry PF. Also i have another personal loan where iam paying Rs 8500/- EMI. Altough my father is pensioner, I am contributing Rs 10000/- towards my parents expenses.
My wife is un employed and she had not completed her graduation.
Please guide through the said points :
1. what will be maximum amount can court grant.
2. what are the standrad deductions court take into consideration.
3. will court consider the expenses towards my parents.
4. I am willing to pay the IA, but want to teach her that for earning money one has to really work hard( she left me demanding for seperation from parents and total control of finances ).
5. what can be the counter points for me to raise against me.
Please guide me, as my lawyer is a junior one and the wife's lawyer is a very senior lawyer. I have to buid my own case and had to give inputs to my lawyer.
Also please enlighten me "For the IA, the wife would have filed an application that she needs money, now when the IA is ordered, it needs to be paid from the date of the application. For eg: if the alimony application is given on 22-2-2012 and said application is allowed in subsequent months, the alimony payable to the wife is calculated from the date of application.
Such application needs to be given at the completion of one year, which means to say, every year a new application need to be given. The amount fixed as IA would have been fixed based on the situations of that particular year. So dont keep paying money blindly into her account.
After divorce is granted, husband has to pay peramanent alimony, here once again wife has to give application on an yearly basis. "
Thanks & Regards
Devajyoti Barman
(Expert) 11 March 2013
The court may grant maintenance upto Rs 15,000/-PM as maintenance.
venkat
(Querist) 11 March 2013
Dear sir, how can i counter the same..
Devajyoti Barman
(Expert) 11 March 2013
You can try to get it scale down but avoid it totally.
Do you not think after your marriage you should not avoid maintaining your wife and child?
prabhakar singh
(Expert) 11 March 2013
Even if court believes you for all you have stated it can not be scaled down for any thing less than 12 or 13 k.
venkat
(Querist) 11 March 2013
No sir, i didnt want to escape my resposibility, but the pain she inflected on me by takimng my daughter from and isolating me cannot be forgetten or forgiven. My aged father and mother have suffered a lot both physically and mentally. Just want to show her that one has to suffer for once deeds... Kindly help me in this regard.
ajay sethi
(Expert) 11 March 2013
the problem is your wife is unemployed and not working . plus you have 3 year old daughter . n0o doubt the courts takes into consideration your responsibility to aged parents . but you will have to pay areound 15,000 per month as maintenance .
Raj Kumar Makkad
(Expert) 12 March 2013
Nothing to add more in the given replies.
