Maintanance amount if wife is b. com & working earlier

Guest (Querist) 13 June 2016 This query is : Resolved
Dear Sir,
I got married in May 2015. my wife deserted me six month back when she was 2 months pregnant. Inspite of 2-3 round of negotiations, she is not ready to come back. She sent me legal notice through her advocate wherein she is asking for maintainance & divorce. in legal notice she had mentioned reason for leaving is husband forced me to leave Job because of his doubting nature which is not true. in reply to her notice I asked her to return matrimonial home with 7 days of receipt of my notice. but she instead of returning home she file divorced petition in court. now she is asking for a maitainance and child custody also. About her qualification she has done B. Com & having 4 years work experiance in small propritory firm .After marriage also she was working till she was 2 months pregnant & her last drawn salary is 20000/pm. Now she is not working.I Am ready to accept her back & I dont have any issue with she is doing job in future.

About my qualification I have done B.Com and having monthly take home salary Rs. 42000/- & Housing EMI 18000/- & personal loan EMI 8000/- PM (taken before marriage)

My question is
1) Can I deny maintainance amount as she is B.Com with 4 yrs experience.
2) is she eligible for maintainance? If yes what will be the maximum amount for both wife & child
3) Can court consider her as qualified wife if she has done only B.Com with 4 yrs experience. If yes please provide judgment ref.

Thanks in advance

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N R Dash.. (Expert) 13 June 2016
1. You can deny, but how you convince the court, matters a lot.
2. Your child is eligible to get maintenance from you.
3. Court will consider her qualification as well as work experience, however in societal matters it is how your counsel present before the court.

Consult with a learned local advocate and fight the case on merit.

Your lawyer shall get you all the citations and judgments. Citations are not provided in this forum.

Devajyoti Barman (Expert) 14 June 2016
1. Mere qualification of wife and that too of such generic qualification is no ground to avoid maintenance.Unless you show her present income there is no way you can avoid maintenance.
2. Maintenance varies from 1/3 to 1/5 th of your net income. Home loan is considered to be your income.
3.As I said earlier mere qualification is no ground to avoid maintenance unless she is presently earning.

Rajendra K Goyal (Expert) 14 June 2016
1. You have to pay maintenance of your child and for wife decision would depend on merits.
2. She may get 1/5 to 1/3 depending on the case. Housing loan installment and personal loan installments would not be considered by the court as eligible deductions.
3. She left job due to pregnancy / delivery, court may allow maintenance for her also.

Guest (Querist) 14 June 2016
Thank you all for your reply.

My last question is

IF my take home salary is 42000/- & after deduction both EMI amount Rs. 26000/- balance left in my hand only 16000/-

as per your above answer, court will not consider loan EMI as eligible deductions.
How can I pay 1/3 rd amount i.e. 13000/- if balance left in my hand only 16000/-?
since anyhow I have to pay bank EMI.

can court direct me to sell my property.

Please advice.

Kumar Doab (Expert) 14 June 2016
Agreed with Experts.

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