Enhancement in maintenances
Mustafa Bhat
(Querist) 30 April 2014
This query is : Resolved
I am a Govt employ with monthly salary of 35K. My ex-wife filed a suit for Maintenances for our baby in Jan 2010 as she her self being a Govt employ having monthly salary of 60K & maintenances amount of RS 2000/- was granted in favor of our baby & I agreed without contesting.
Now as my baby is school going age of 4 & my ex-wife has filed as suit for enhancement of maintenances.
I have other liabilities also.
(1)2 Court case filed by the lady which are going in Court including 498A & 406,
2)Old parents even though my father is retired employ with monthly pension of 7K.
3) Another baby with my second wife.
4) Moreover the lady being herself Govt employ with 60K salary PM & has no liability/,
So plz advise wht do as I cannot pay more than 2000 PM
Devajyoti Barman
(Expert) 30 April 2014
Present these facts beofre curt with supporting proof if any.
If your monthly salary of 35k is established then your maintenance should not be less than Rs.5000- 7000/-
Raj Kumar Makkad
(Expert) 30 April 2014
You shall have to defend the petition filed by your wife under section 127 of Criminal Procedure code. You need not worry rather effectively put entire facts before court and pray to reduce your liability rather of enhancing it as your liabilities have increased compared to your income after re-marriage.
Mustafa Bhat
(Querist) 30 April 2014
Devajyoti Sir,
My salary is 35K/PM. It is very high beyond my savings.So what is legal remedy I cannot afford it. Moreover as lady is earing more than 60K without any liability, as she has not married yet cannot she hold some part maintenances.
Rajendra K Goyal
(Expert) 30 April 2014
She is demanding maintenance for the child. It is your responsibility.
You should put all your points before the court and let the court decide.
Guest
(Expert) 30 April 2014
For child's maintenance, you are not likely to get any relief from the court on the plea of your ex-wife's high salary. Rs. 2,000/-, as maintenance charges for your wife as compared to your salary of Rs. 35,000/- seems to be too low.
Being a Government employee, if you prefer to claim dearness allowance every six months at the cost of living index, you may also better think about increased cost of living every six months constantly for the maintenance of your child.
Devajyoti Barman
(Expert) 30 April 2014
If you can prove that your wife is earning then you do not have to pay a single farthing to her but you have to establish this fact.
If not then I regret bad days are waiting for you.
Mustafa Bhat
(Querist) 30 April 2014
Devajyoti Sir,
She is class I Gazetted officer which she say in all petition & I do say her Salary Details also which is Rs 60000/ PM
V R SHROFF
(Expert) 18 May 2014
u r bound to pay for children mtn
