Maintainance

it will depend upon the reasonable requirement of the child and according to his lifestyle.

Hi,

Thanks for the reply,

My husband as such believes in keeping a low cost, low maintenance life style, except for his personal needs where he spends good amount.
What I need to know is if I can demand (ask for) a certain amount in maintenance based on his income.

Life style and living standards have different meaning for different people. So is there a standard based on which the court takes a decision.

If both wife and child are dependent, the maintenance will be 1/3 to 1/2 of the income of the husband.  If the maintenance is only for child, it iwll be between 1/6th 1/3rd of the income of the husband.  This relief can be obtained by filing S.125 case or a case under DV Act.

From last 2 years @ Author is living separately from respondent and ld. Adv. Chandu says to file either S. 125 or DV Act. I differ to his wisdom (views on Bharat Ratna DV Act usage here when maint. for child is the issue in hand).


I fail to understand following ;

1. If there are facts of Violence qua intents and objects of Domestic Violence Act inflected upon you (whatever) then why 2 years silence and that also means will ld. brother advise to file DV to wives who have been living separately from last 1 or 2 decades and now let not ld. brother members of Bar not show our ignorance ki those types of such time gap situation does not exist in rural or urban India as of today's date!


2. The moment DV is though to file even as C/o Guardian the author will be forced to mention complete details of alleged Violence and ld. brother Bar at Law will fill up rest of the "relief's" sections under DV Act other than small footnote that child needs maint. but it will be more a DV relief for wife than child. Don't you think and tell me have you seen any aggrieved person / complainant filing DV as Child name c/o via her guardian only for seeking maint. for a child and forgetting to mention and or seek relief’s under its other Sections ? I have not seen kindly show me one ld. brother Chandu.


3. What is wrong in applying (guiding) @ author to file S. 125 CrPC as Child name c/o via her Guardian and seek maint. only for the Child? Why advise for DV which is more for wife than for child literally speaking as you also know and I also know that. I am not ignorant once I guide a client to use DV on respondent husband and be satisfied with just one relief Order cm'n ........... 


4. I also fail to understand when in Bangalore sadar several family Courts are established why my ld. brother is not advising the @ author to simply file a stand alone S. 24 HMA under FCA, 1984 proceedings for maint. for child when that is her immediate / long term worries / needs and the que. of hers is for that here. Also why not advise her to file a stand alone under FCA, 1984 a S. 20 HAMA application for maint. for child as child name c/o via her Guardian. Both are codified Laws for maint. for child respectively and are usage in civil domain unlile DV act where @ author will be forced to pick and choose either of the lesser devils of criminal proceedings with much wider demagnifications of including other relief’s under DV.


My opinion is that till such facts are advised to remain in civil domain one never knows the couple may unite or mend their ways for a happy tomorrow and or part amicably whatever which is the long term basics of using civil laws be it for maint. for a child. The moment you use clumsily drafted acts such as recently enacted DV Act the situation goes out of hand be it so ki I was asking for maint. for child ji.  but my lawyer added rest of the relief’s Sections now how to quash as we have agreed for MCD.............


Above are my civil views and just needed venting of expressions and is not meant as commenting on pure wisdom of my ld. brother who is quite senior to me in rank and file but then we learn from our seniors hai ki nahi ji……

@ Author

One que. was not answered and for that all you have to do is to showcause husband to produce on record his ITR from last 4 years which will show his slaary and liabilities balance sheet.  

Thanks for the reply,
I have one more question. Can I get the court to directly approach his company and get his salary details as he is quite capable of producing a fake certificates.

Yes, madam.  In your case, I reiterate, you can file case either S.125 cr.p.c. case or D.V. case. 

I come on this web site to give legal advice to the people, who are in need of it and not quinch the thirst of the knowledge seekers with unnecessary and prolonged and time wasting debates.  So, I will not participate in the discussion to justify my earlier legal advice that why DV Act can be applicable in your case, if you are inclined to invoke it.

Most important querry from your side is - yes.  in your petition, you have to mention the earnings of your husband, which include his salary, income on rents, business, agricultural land, shares etc.  He will naturally deny the same in his reply.  You can ask the court to direct him to bring his salary certificates, ITRs, bank pass books.  There also, in respect of salary certificates, he may fake.  At evidence stage, you can move an application for summoning his employer to produce his salary register.  The employer or his agent will come with the original record in the court and his income will be proved.

Thanks a LOT for the advice, from my side I am not questioning any ones leagal advice as I am myself a novice in these matters.

ONCE AGAIN THANKS A LOT FOR THE HELP..
 

what did u mean?