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chander mohan (ASI)     09 August 2014

maintenance

My gross salary is 33000 pm and paying EMIs of 18000 pm (personal loan from SBI). I take in hand 10000. Wife has filed 125 crpc and 24 HMA. We have a female child of 6 months who is with her. She is living separetely with me. Court generally award 1/3 of gross salary as maintenance after considering other liabilities of husband. From the queries raised in this lawyers club by various person, I came to know that court does not considers EMI while awarding maintenance. Now my question is that if court does not consider EMI then what is the liabilities means? And how will I pay 11000 (1/3 of gross salary) as I take 10000 in hand or will court direct bank from where I took loan to reduce my EMI. If not, then how can I give maintenance of approx 11000. Pls sort out my confusion.


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 4 Replies

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

Thank u for reply sir. So how much court award maintenance in my case. She is presently not working but was working before her delivery and earning 10000 pm. We have a female child of 6 month who is with her.

Laxmi Kant Joshi (Advocate )     09 August 2014

Very well advised by Mr. Samir , maintenance is totally depends upon the discretion of the court you have to pay whatever the court decides after viewing your actual liablities on you , you are bound to pay maintenance to your not working wife and for your baby .

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. 


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