FighterForJustice (k) 06 June 2011

Maintenance Query

Hello guys, hava a query to ask.

Wife has asked for maintenance under CrPC 125. In notice, my income is mentioned about Rs 60000/month (salary) and 25000 from stock market business and asked for Rs 10000 / month as maintenance.

I don’t have any stock market business or income from that.

Also as on application date my income is about 32000 / month. The salary is going to increase soon.

My question is would court grant maintenance more than she asked i.e. 10000. In case if I go to new job where the income > Rs 60000.

My parents and Grand-Mother are totally dependent on me. I don’t have any property and staying in rented house. Have small personal loan.

Please answer to above query. Though I am going to give my best effort to prove that she only left me as she only wanted to go back since very first day of marriage (as had an affair, though I won’t include this to fight for this, it’s not good idea).

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3 Replies

Saurabh..V (Law Consultant) 07 June 2011

@FightForJustice

Kindly see below points:

> While fighting a legal battle, there in nothing right or wrong. If what you protect is truth and your right, then no one can stop you to use hook&crook methods to win. You should use proofs to show unchastity of your spouse and her affair which gave rise to turmoil in your life.

> You should have genuine papers like ITR, Investment papers, salary slips etc., to convince the court that presently you are already exhausted and you could not spare extra money for your spouse. Unless court is not convinced about your inability to pay, even while earning 32K p.m., you could be compelled to pay 10K p.m. to your spouse.

> If you wish to protect your money, then don't hesitate to take up another job. However you should quickly buy some home-loan or similar load or any other investment policy so that in court you can show your investment.

I suggest you to give your spouse what she deserves. If she has cheated on you since day one of your marriage, then she does not deserve a single penny. Also if she has left the matrimonial home on her own wish, and not ready to join you back then it become a ground of divorce. There are two fundamental points:

- First is that she is cheating on you by indulging in illicit relation and affair. This is a strong ground of divorce as it bring mental dipression to aggrevated spouse.

- Second is that she has left the matrimonial home without any cause on her own. This again makes a strong ground for divorce when coupled with above First point.

DONT FORGET TO ENGAGE A TRUST-WORTHY ADVOCATE!!

//peace

/Saurabh.V

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