Maintenance to wife
sybash ganguly
(Querist) 10 August 2011
This query is : Resolved
1) I am giving Rs.18000/- per month as maintenance to my wife and 2 daughters and they are living in my house. Can the court give order for more money as against the case filed by my wife under 125 crpc for maintenance Rs.22000/- per month. My salary is Rs.55000/- per month net after deduction. I am living alone in a seperate house for last 3 years. I am a heart patient. Had 2 time angioplasty. They do not take care of me.
2) Is there any such order passed by SC as "not maintainable" considering my situation. If yes, Case No. please.
R.Ramachandran
(Expert) 10 August 2011
Dear Mr. Ganguly,
Yes, there is every chance that the Court may grant enhanced maintenance to them if they make an application u/s. 125 Cr.PC.
I do understand and appreciate your physical and medical condition.
But that will not cut ice with the court. You say they are not taking care of you. The other party would say that if only you had taken proper care of them this situation of remaining separate and paying maintenance etc., itself would not have arisen.
I am nobody to comment upon the situation, but I am only apprising you of the legal position, that too since you asked a query.
ajay sethi
(Expert) 10 August 2011
Mr Ramchandran has aptly summarised the legal position .
you are earning 55.000/ and you are only paying 18,000/ for ur ex wife and 2 daughters . even if court directs you to pay 22,000/ you still have over Rs. 33,000/ for yourslef .
M/s. Y-not legal services
(Expert) 11 August 2011
Yes. Am agree with experts.. Court can modify its earlier order on the grounds of change of circumstances. Am suggesting you better worrying about your maintenance you may take steps for reunion with your wife and daughters. Leave your ego. Just realise the life's worth. You not an younger. No one better life await for you. So just try to live your rest of life with your family.
Atuliya
(Expert) 12 August 2011
I do not completely agree with the "experts"
If the wife & daughters are educated they are not supposed to live like parasites off a person just because he is the husband /father. Right & Responsibilities are co-related.
Of late the Ld. Judges have also realised that the women are more "abusing" than "using" the provisions enacted to save them from vagrancy & destitution while at the same time help them live with dignity in the event of a marital discord.
Specifically answering the question, it is not as simple as the arithmetic equation propounded by the expert Mr Sethi.
Mr Ganguly you can explain to the Court that out of the salary earned by you there are legitimate expenses that you have to incur for your day to day living necessities as also your medication & health check ups etc.
At the same time you can challenge your wife's greed by establishing how Rs 18,000 is good enough amount for her. Remember what is awarded is a "maintenance" and not some sort of a EMI to payback a debt. It is not to be construed as a pay back luxury to the wife.
Ahmed Daud Girach
(Expert) 14 August 2011
cahnged circumstances may change maintenance order.All increasing prices of commodities are one of the ground for increase in maintenance.But it seems the wife and daughter are surely educated they well can look after their own erning and when daughters are married the maintenance amount may decrrease,however their marriage expences will also be considerable issue.
I have come across one case where Husband and wife both were MBA and on separation on application of wife for maintenece as both were on equal footing being mba no maintenence was granted.
