Hma u/s sec 24
stolt
(Querist) 05 September 2012
This query is : Resolved
1.I have been paying interim maintenance of 8000 rs per month as per ACJM order against 125 crpc/ opposite party had asked for 78000 rs per month, self in merchant navy, working on contractual job, they had produced one of my contractual job offer letter dated 2009, mentioning salary-professional charges 7700 rs per day and basic salary 15000rs per month/contract period was for 3-4 months.
2.self had filed divorce case HMA section 13(i),opposite party has asked for alimony under section 24, asking an alimony of 78000rs per month and 50000 rs litigation costs, ADJM barasat court kolkata granted 20000 rs per month and 30000 rs litigation costs.
3.I am shocked,i did not even see a ship for last six months and i hardly go to ship, due to so many cases she has piled against me, 498A/506/406/34 at different courts.
4.My divorce lawyer has mentioned that he his presently a student and studying BBA, i have even given documents sufficing my statements.
5.They have only one contract letter xerox of mine dated 2009, which mentions basic salary 15000 rs per month and professional charges 7700 rs per day.
6.it is true that i earned 2 lacs per month,that moment of time.
7.also my IT return filed for last 2years 2011-2012,2010-2011), gross amount 6 lacs and 5.5 lacs.
8.should i give my IT return for the last two years,when i appeal at civil high court for revison.
what should be done????
ajay sethi
(Expert) 05 September 2012
as per your income tax retruns your gross salry is 50.000 per month . court has directed you to pay rs 20,000 per month . ie 40%of your salary amount .
do you have any housing loan EMI to be paid? any dependents ? what is the reasoning given by court .
go by your lawyer advice . you cn amke an application for modifcation of order on account of changed circumstances . is your wife working ? what are her qualifcations ?
stolt
(Querist) 06 September 2012
My wife, she has done graduation in BA(2004-2007) and then BSC in hospitality management(2008-2011), she is a double graduate and purposely not working, just to get alimony from me.I do have a home loan and paying EMI- 13,600 rs per month.I do have her BA mark sheets from Univ and her BSC college ID,stating college duration 2008-2011.
Shonee Kapoor
(Expert) 06 September 2012
Try Mamta Jaiswal and Indermeet Singh Joneja Judgments of MP HC and Delhi HC that a professionally qualified woman who is purposely not earning are not entitled for maintenance.
However, I also agree with Ld. Ajay.
Regards,
Shonee Kapoor
www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Yahoogroups: http://groups.yahoo.com/group/sahodar
stolt
(Querist) 07 September 2012
Thank You Shonee sir.You have always been a great help.
stolt
(Querist) 27 September 2012
sir,my in laws have filed a petition "for out of court settlement"on the date of 125 crpc.
As we both parties sat together outside and agreed on terms verbally, to live peacefully,they also agreed to withdraw all cases.
Now they have come with 6 conditions.
Out of that she wants her name to be included on my mumbai apartment,which is primarily at loan and is on the name of my father and self.as my father is a co borrower and also has contributed almost half of the money from his funds.
Now they are not withdrawing cases and the next date is on 09 oct 2012.
She only showed me the conditions typed on a piece of paper, i do not have the paper with me.
but i have typed the contents of the paper, will produce on the court.
she wants to joint account holder on all bank accounts/nominee on fixed deposit/LIC policies.
what should be done ,i have 498A/406/506/34/125crpc pending against me in different courts,i also have filed a divorce case prior to all these cases.
stolt
(Querist) 27 September 2012
sir,my in laws have filed a petition "for out of court settlement"on the date of 125 crpc (15/sep/2012).
As we both parties sat together outside and agreed on terms verbally, to live peacefully and reconcile,they also agreed to withdraw all cases.
Now they have come with 6-7 conditions.
Out of that she wants her name to be included on my Mumbai apartment,which is primarily at loan and is on the name of my father and self.as my father is a co borrower and also has contributed almost half of the money from his funds.I refused to that condition
Now they told me that they need more time, are not withdrawing other cases and the next date is on 09 oct 2012(125 crpc).
She only showed me the conditions typed on a piece of paper and took it back, i do not have the paper with me.
but i have typed the contents of the paper, will produce on the court,on the next date.
She also wants to be a joint account holder on all bank accounts/nominee on fixed deposit/LIC policies.
also other condition says, i will not inflict any physical and mental torture hereafter.my parents will not inflict physical and mental torture on her.Other than hotel management jobs, she is ready to do any other jobs.i am paying alimony 8k per month.
what should be done ,i have 498A/406/506/34/125crpc pending against me in different courts,i also have filed a divorce case prior to all these cases.
V R SHROFF
(Expert) 27 September 2012
In 125, inform court that both parties are trying to settle amicably.. So Adjournment will be granted.
In 24, Pending litigations, u r bound to pay.
Her Qualifications will reduce your burden, to some extent.
