chander mohan (ASI) 09 August 2014
Samir N (General Queries) (Business) 09 August 2014
Who told you that Courts generally award 1/3 of your gross salary? That is illogical. Under 125 Cr.P.C. the gist is that you are liable to pay an amount that is required for the wife to maintain herself and only to that wife who cannot maintain herself. Your arguments should focus around the law and not what you hear about what Courts "generally award." Get all facts and arguments which are applicable to the law and present your written arguments accordingly. Read on a few judgments of your High Court on 125 Cr.P.C. and cite those which sound favorable to your facts. You can do all this without an advocate.
chander mohan (ASI) 09 August 2014
Laxmi Kant Joshi (Advocate ) 09 August 2014
Samir N (General Queries) (Business) 09 August 2014
In view of the fact that she has a six month old baby who is YOUR baby too, I suggest that you do what is morally right too. My advice is intended to limit your liability to what is fair, not for getting around it all together. The exact percentage is not easy to determine. It depends on her expenses, living standards that the two of you were accustomed to, the baby's needs, etc. Just remember one thing... the healthier your wife is, the healthier will be the baby, at least for the near future. Be reasonable and the Judge will respect that and rule in your favor. Try to be over-aggressive and it will kill your maintenance defenses all together. Whatever number you propose, provide detail justification for that number. The more extensive are your details, the better are your chances to prevail. The more fair you are, the better are your chances. This is morally and legally the best strategy for any man who has to provide for a toddler and his wife/mother-of-the-toddler.