Section 125
abhishek
(Querist) 20 September 2015
This query is : Resolved
Sir
My wife has put one more case of section 125 . and stated that i am earning 300000 Rs P.M which is not true. and she wanted maintenance of 50000 for her and 20000 for my daughter.
My total in hand salary is -100000
Minus Home loan EMI 40000
Minus CAR Loan - 12000
Minus Personal Loan - 16000
Minus House Rent - 20000
Minus House Hold Expenses - 10000
100000-98000 = 2000 i am left with every month.
will court force me to pay the money while i am requesting her to come back home. Please suggest.
regards
abhishek
Sudhir Kumar, Advocate
(Expert) 21 September 2015
this is a very clever way of showing no income or less income and this trick is very well seen through by the court. Unfortunately judges are not illiterate. On the contrary majority of judges possess insight to read intentions and persons like you daily appear before them.
You are showing house loan EMI as well as House Rent expenses?
the calculation given by you do not show any any mandatory deductions like PF/Gp Insurance etc.
all these deductions are likely to be ignored by the court.
Rajendra K Goyal
(Expert) 21 September 2015
You can show your IT return in proof of your income.
Loan repayments etc. are not considered, only statutory deductions are considered / taken.
Payment of maintenance for child is liability, also for wife if she has no sufficient income.
K.S.Srinivas
(Expert) 21 September 2015
You are bound to pay maintenance irrespective of your calculations.
Dr J C Vashista
(Expert) 22 September 2015
I agree with the experts; you are bound to pay to maintain your wife as per your standard and style of living.
Such smart calculation shall not help you in reducing your liability. There are certain other methods of increasing your liability, which your lawyer shall be able to make you understand.
Contact and consult.
