Regarding interim maintenance
Querist :
Anonymous
(Querist) 10 October 2010
This query is : Resolved
Dear Experts,
From the following can you give advise/replies for the questions listed below the details:
Husband works in a global company. Holds a senior level post and is boss of the regional office. Husband does not tell his correct salary and shows only salary slip which reflects salary after eductions(which may be unreasonable in view of the possibility of providing just interim maintenance /permanent alimony. Wife presently not working but have a few lacs of fixed deposit half of which after selling her jewels which brings an interest of a few thousand rupees. The money husband sends is not sufficient to maintain self and the child so this interest comes handy. Put together, the money still falls short for a reasonable, not luxurious, living standard.Husband never used the facility of getting the medical bills reimbursed for wife and child. But he pays the school fee of the child, but not other expenses like extra tuition fee, expenses for some extra carricular activities, school transportation, reference books, clothes etc. Wife lives in her house gifted by her parents but does not want to sell it as it is very difficult for a separated woman with a child to go from one rented house to another. From the above details, can you please let me know:
1) How to find out the exact salary and other benefits that husband is getting from the company?
2)How much can wife and child expect as interim maintenance?
3)Would wife be compelled to break her savings the interest of which she is using to supplement the money husband is sending, especially in the view that this money would not last much,not beyond two years and wife would never be able to repurchase her jewels which she had sold of under forced hardship created by husband.
Please give your valuable opinion on this matter. Wife does not have means to engage private detective to find out husband's salary.
Sincere Thanks for sparing your valuable time for responding to this query.
Raj Kumar Makkad
(Expert) 10 October 2010
1. The salary record of the husband can be summonned in court.
2. Move a petition before Family court for that purpose.
3. Wife shall not have to incur anything out of her capital goods like jewellery just for the purpose of her maintenance and she shall have to claim whole amount of mentenance.
Querist :
Anonymous
(Querist) 10 October 2010
Thank you Mr. Makkad.
Devajyoti Barman
(Expert) 11 October 2010
Yes. Once you mention an amount as the salary of the husband then the onus s upon the husband to disprove such income. Hence mention his salary as much as possible.
