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sv (none)     17 July 2014

Interim maintenance case

How maintenance get calculated ? My wife claims I have 3 different jobs at same time total bogus claims. I drive school van and not even having pan no. 

My income is 15k per month. I stay with my parents. She is ask 30k per month for herself and daughter. 

Please advice. 



Learning

 7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 July 2014

Please show your self jobless and show that you have ZERO income. Then the judge will either give very small maintenance or not at all. It is her responsibility to prove that you have income. But she can not do it since you don't have any PAN, Payslip etc. If you have payslip then also you should tell that you don't have it.

 

Usually interim maintains is 1/5th of your stated income on your WS / WO Hence show ZERO income in your WS / WO.

 

Please read each of my posts in the link bellow for more knoledge.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Laxmi Kant Joshi (Advocate )     17 July 2014

You have to show your income honestly before the court, otherwise she will request to The court to give direction to the school to bring his

Laxmi Kant Joshi (Advocate )     17 July 2014

service record alongwith his salary details before the court , she can also file perjury case in the same court that you had lied on oath .

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 July 2014

I disagree with Mr. Laxmi Kant Joshi,

 

In this case the respondent / Husband is a private employee. So income details, bank account details, passport details etc, and other information are not a public information so that the court is going to see. These are completely private and personal information and any person has right to not to disclose these to anyone. If the court sends summon to the employer then also the employer is neither bound to response nor bound to come to the court. But generally the court does not do it. The court will ask the petitioner / wife to prove her claims with the documentary evidences that she has. If petitioner / wife does not have these information she can't prove it. After all this is a private complain and quashi - civil in nature.

 

Please show in the court that you are jobless and have ZERO income. Let her do what ever she can.

 

Moreover, you can file CrPC 91 and ask her to submit evidence as per Indian Evidence Act 1981 to forfeit her allegation. You also should file Perjury against her with all false, fabricated and contradictory statement in her petition. All sample petitions are there in my above links.

great india (manager)     18 July 2014

I party agree wid rocky....... Burden of proof lies on her......let her prove her allegations..... You file a strong WS and deny here demands. Perjury n all is to build pressure. In interim gross salary is assumed. Its no or meagre...... Court wont kill you for hiding but can summon employer tgt too at later stage during final judgement
1 Like

sv (none)     19 July 2014

Thank you everyone for valuable advice. My problem is I have a daughter and I want to claim her custody in future hence showing no salary will cause me damage is future isn't ?

So if she claims to gave a salary of 11k and show my salary as 10 k . how much maintenance she can claim ?

If I say I reside with my parents on their property will it help or backfire me ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 July 2014

If you have daughter then you can file child custody / visiting rights and meet with her in the weekend. You pay her school fees and buy other necessary articles for her. But you have to make sure that whatever are you expending is going for her benefit only. Not a single paise is not going for your wife's and her lawyer's benefit.

 

Please show ZERO income in WS / WO else not relief. First they will order 1/5th then letter 1/3th of your salary. Is it good for you???? Please think twice.


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