maintenance to working wife

Querist : Anonymous (Querist) 13 June 2011 This query is : Resolved
Dear sir,

We are undergoing matrimonial litigations. My wife filed applic u/s 24 HMA . she admits she earns Rs. 25 K p.m. and lives in a small town.
Also admits I live in a metropolitan city falsely saying my salary as 2 Lac p.m. She claimed 80k p.m. . My actual sal is 1.2 Lac p.m. but pay house loan of 50k+ car loan of 20k+ rent of 20 k i.el. total 90k (all by chq). My net sal is Rs. 30K only.

no kids. Do i have to pay maintenance ?
Pl advise with some decided case laws (if possible)

Thanking you all in advance. Regards

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prabhakar singh (Expert) 13 June 2011
EVEN EARNING WIFE CAN CLAIM IT AS IT IS SUBJECT TO STATUS OF HUSBAND.
BUT YOU HAVE COGENT REASONS TO SHOW COURT THAT YOUR SALARY IS NOT 2LAC BUT SIMPLY1.2LAC,OUT OF WHICH 90K GOES OUT IN PAYING HOUSE &CAR LOAN &20K IN RENT PAYMENT AND SIMPLY 30K REMAINS WHICH IS TOO LITTLE TO MAINTAIN EVEN YOUR SELF IN A METRO(FILE ALL PROOFS YOU HAVE IN THIS REGARD),THE COURT WILL CONSIDER IT AS WITH 25K SHE CAN MAINTAIN HER IN A SMALL TOWN SO HERE IT IS NOT JUSTIFIED FOR HER TO SAY THAT SHE IS "UNABLE TO MAINTAIN HER"

M.Sheik Mohammed Ali (Expert) 13 June 2011
yes, i do agree expert reply, same time once you can proved that your salary, and reject to give the maintenance to her.
how many years gone from marriage ?

Querist : Anonymous (Querist) 13 June 2011
Dear Sheikh Sir, Marriage it around 15 yrs old now. She left me 2 yrs back and out of 15 she was also studying out of town for 4 yrs

PALNITKAR V.V. (Expert) 13 June 2011
The will not consider all the deductions from the salary. The court normally considers only compulsory deductions. Consideration of other deductions is discretionary. The court takes into account the standard of living of the husband and tries to give maintenance to enable the wife to live in that standard. Therefore, the court is likely to consider the application of wife favourably

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