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Truth_Prevails (Software)     20 May 2014

How to reduce maintenance amount

Hi,

 

My take home salary is 75k pm and paying 10k seprately in income tax..I want to reduce the alimony amount as much as i can.

I have a home loan emi of 45k per month,and also opted the option of voluntary PF.

Shall i also opt for LIC to reduce the take home net.however I already have LIC of 50k permimum per annum.

Or Shall i take car loan or personal loan?

What option will work?Whether the above options be considered for reducing the take home salary and deciding the alimony amount.

Please suggest.



Learning

 7 Replies

stanley (Freedom)     21 May 2014

This would not be of much help . immediately tell the company to terminate your services and you on your own do not resign  . Take up a low paying job of 10,000. Submit this in court  and let them decide the maintenance . 

As for your EMI's do not pay them for a few months stating job loss . Later on take loans from your friends etc to pay of the EMi's  :-) . 

Truth_Prevails (Software)     21 May 2014

Any other suggestions. I don't think leaving the job and getting new job of ur choice is so easy in India.

stanley (Freedom)     21 May 2014

Than you have to live with this fact that maintenance would be awarded based on your present salary slip .

Truth_Prevails (Software)     21 May 2014

Stanley,I think u have incomplete knowledge regarding this.Maintenance is also dependent on the liabilities of the husband.I just wanted to ensure those liabilities.thxs

stanley (Freedom)     21 May 2014

In the first place your query is incomplete as you have not stated the facts if your wife is a working women and if you have any children etc or she is educated . When you show down the below mentioned liabities they think you are leading a luxurious life style and hence maintenance has to be awarded on par to your cost of living .

 

The first option was the best which was offered to you for the company to terminate your services . But It seems you suffer from lack of confidence in securing another job and are stuck to your job like fevicol.  

 

 

ROTFL ………….Try out these liabities....and let me know if any lawyer worth his salt than ensure these liabities .

 

1.    Self Mediclaim policy.

2.    Self LIC policy.

3.    Self PPF deposit.

(Para 1 till 3 upper limit is only 1 Lac.)

4.    Self EMI for Car / under-construction House.

5.    Driver hire.

6.    Maid hire.

7.    House rent if self living on rent.

8.    Dependent non-earning parents medical bills paid by you.

9.    Dependent non-earning un-married sister’s maint. paid by you by way of showing outflow of regular money deposits to her a/c. provided parents are retired and non-earning.

10. If minor(s) of yours then his/their upkeep by you by way of showing outflow of regular money to their U/G a/c.

11. Floater Mediclaim policy of minor(s).

12. Quarterly education Fees + School Books + School Uniforms + Computer Fess + Library Fees + Development Funds + Extra Curr. Fees + Lab Fees + Sports Fees + Conveyance Fees of Minor(s) if paid by you.

13.  Litigation expenses.

14. 1/3rd. of net take home is yours to blow (I mean this amount is considered your living expenses out of total net take home) and rest are scrutinized based on most of the mentioned paras herein.

15. Your left-up youthful productive years cometh under persuasive pleadings.

16. Your seditious education loan re-payment and scholarships availed cometh under persuasive pleadings.


etc. are only allowed deductions from net take home income for a maintenance Order which then becomes basis of challenge in an Appeal.  

And don’t forget to come back here and tell us the amount of maintenance when it is passed as now days judges are least bothered about your liabities specially when you are earning 75 K J  

 

May god bless you .

FightForCause (Businessman)     21 May 2014

Hi Truth,

There is definite linkup between Maintenance and Liabilities.

Show ur liabilities in terms of parents medical expenses etc.

As stanley mentioned it will not be of much help but definite will be of some help.

Judge has to see what are your liabilities , but in all scenarios max i think is it will range from 7-12k ( with ur liabilities shown).

If no liabilities shown it can go to 15k.

 

Best of Luck

T. Kalaiselvan, Advocate (Advocate)     22 May 2014

The quantum of maintenance will depend on many aspects. By just increasing the deductions and deceasing the take home salary, one cannot absolve from paying the due maintenance as ordered by court.  the standard deductions and justified liabilities are generally considered while calculating the salaried income for award of maintenance amount.  There are no special parameters to decide the quantum.  You cannot claim exemption b just increasing the LIC premiums amount or taking a fresh car loan or a private loan, these are not at all considered as deductions while considering the facts to decide about the maintenance amount, so come what may, stick to your merits, strong pleadings, challenges and strong arguments which may sometimes help you out of the crisis.


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