ashishvidyarthi (engineer) 13 September 2013

Are perks in salary considered for permanent alimony

Dear experts and friends ,pl, help me in following query:

I am a public sector employee My salary has 3 main components

1)basicpay

2)DA

3)PERQUISITES (PERKS)=46% of BASIC PAY. perks are payments for allowances under various heads.like LTC conveyance allowance news.paper allowance , professional literature. allowance etc. some of these are partly taxable..

my question is for purpose of calculation of permanent alimony under sec25 hma will these perks be also.considered? All these are basically certain expenditures allowed by company.

I need to give a self attested . declaration to the company every fin year that I have incurred expenditures under these heads.

Any case law will be very helpful

Regards ASHISH

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5 Replies

Tajobsindia (Senior Partner ) 13 September 2013

1. Yes taken into account.

1 Like

gd dy (gd dy) 13 September 2013

they try to include bt fail to understand hw ?

perk given by co to lure employee. not compulsion.

it can b increased or decreased within short notice by management.

u knw better abt its stability.

ashishvidyarthi (engineer) 13 September 2013

Originally posted by : Tajobsindia

1. Yes taken into account.

Tajobs sir if I have understood you correctly you mean to say that salary considered for alimony will include these perks.

My point is that I am forced to make these expenditures because of company's requirements and /or policies. and that I would not have made these expenditures otherwise and consequently would not have got these perks.. these payments are neither savings in my hand nor am I at liberty to spend this money as I please to. like professional literature allowance is given to enable me to develop myself for better performance to company by buying and reading such books. similarly conveyance allowance for fuel) is given partly for personal use of self vehicle as well as use for movement during company's work.my job may need around travelling of 15 kms daily within company premises. similarly washing allowance and uniform allowance is given because engineer's job makes it dirty daily. vehicle maint. and repair allowance is given because I am required to maintain my vehicle for movement required for company's job while on duty, as well as to reach my office and to go back to my home . Your further insight is requested.

Regards ASHISH

Samir N (General Queries) (Business) 13 September 2013

Ashish,

Think out of the box. I mean think of ways beyond just calculating your NET income and resigning to the fact that you have to pay.

If your wife is really in need, cannot work, etc. then, yes, do your best to give her what she is entitled to. If not...

Ask questions like... Is she earning? Is she qualified? Is she sitting at home? Why? Are you divorced? Are you separated? Why? Is she refusing to come to stay with you? Explore all possibilities to avoid paying her any maintenance. How much comes later. Do you have parents to support? Loans to repay? Do you have any illness? If not, fall seriously ill. Get a doctor certificate. Wear clumsy clothes during Court hearings. Show personal loans. Get loan agreements with very close friends and relatives. Get certificates for mental depression too. Your exhibits should be so thick that the Judge does not bother to go through it. Keep adjourning hearings. Keep filing new applications. Keep recalling witnesses. File an application to issue summons to bank managers where she maintains her account... I can go on and on... But if she really deserves maintenance, then I repeat, PLEASE pay her.

And yes, do not depend on any advocate to give you good advice. Only rely on them for procedural issues. Advocates are illiterate MORONS!

ashishvidyarthi (engineer) 14 September 2013

thanks @gddy and sameer for your replies.

SC in vinnyparmar vs paramvir parmar 20th july 2011 have observed

that inclusion of allowances in salary for the purpose of calculating permanent alimony is not acceptable.

( though sc doubled the maint. fixed by lower court, considering the overall facts of the case).

I am pasting an excerpt from the judgement,

" In the same way, though she had highlighted salary income of the respondent, admittedly,

those figures include allowances and other payments under various heads of salary. The respondent has also placed certificates from income tax authorities such as Form 16C etc.

15) In the light of the details furnished by both the parties,

we are of the view that the amount of Rs. 1,40,000/- determined as net monthly income of the respondent-husband is not acceptable.

Equally, direction for payment of maintenance at the rate of Rs. 20,000/- per month to the appellant-wife is also inadequate. ".

Regards

ASHISH

https://www.google.co.in/url?q=https://advocateseema.in/files/Vinny_Parmar_vs_Paramvir_Parmar_on_20_July,_2011.pdf&sa=U&ei=ouUzUodxjtGtB8SwgKgK&ved=0CCAQFjAB&usg=AFQjCNEP0jaiFdOpQ4RnpYLUa_wmGhkq8w