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Vijay (Management Consultant)     22 November 2015

Interim maintenance under dvc, mc

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?



Learning

 2 Replies


(Guest)

IA is ordered till the case of divorce get over, and you need to pay it.  If she has claimed X amount, you should show how capable you are to pay such X amount, via IT returns, however, you cannot show expenses made towards family and friends as your expenses.  Rest all expenses can be shown to court for court to arrive at a figure of IA. 

In absence of you not telling your part of the story, court may order what your wife has asked.

Other options for you is, 


Voluntarily pay some Interim Alimony so that court will itself consider what you are paying as IA and fix it as IA till other cases get over.

In any case, you need to give full details your income and expenditure statement along with IT returns for court to ascertain at proper figure so that you wont end up in soup later.

Vijay (Management Consultant)     23 November 2015

Sir, It is NOT a Divorce case. It is about Interim Maintenance that my wife is demanding through DVC & MC cases.

 

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?


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