Hi Experts,
Background: I was an NRI some years ago and I obtained a loan on the strength of my NRI salary at that time for which I am supposed to pay an EMI of more than 1.7 lakhs per month. However, I have returned back to India few years back and got married and settled in India with a very less salary in comparision and I am not even able to meet the monthly EMI commitment. Hence, my wife and myself are living at the mercy of my parents who too are trying their best to share the financial burden to fulfill the EMI. Knowing the financial weakness within my family, my wife left the conjugal home and has now filed a false DVC, MC case seeking for half of my current salary in India towards interim maintenance.
Question: My salary is well below my EMI commitment. I am already dependant on my parents financially. I have all the required Loan related documents / EMI details to prove that my salary is well below the monthly commitments. My worry is that, if my wife is going to grab half my salary, I am going to face severe financial pressure and will not be able to meet my commitment to the Bank. Will the court accept this arguement and dismiss her demand for interim maintenance? Can the Family court ignore my financial problems and still go ahead and issue any interim order favoring my wife granting interim maintenance to her from my salary?