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Ambycabin   13 August 2016

Maintenance -125 crpc

Hi Team, 1. My wife is not with me from more than 1.2 years now.Her family people came and forcefully took her away via a police station. Where my wife have given a written statement that She dont have any complaints about me or my family. Now she is not coming to stay and is under strong influence of my in laws. 2. I have received a notice from her about 125 crpc-maintenance. Please let me know following: 1. How maintenace is calculated? 2. Is husbands salary when she made exit from house is considered or the salary in the month Judge have given the maintenance order is considered? 3. Does showing husbands High Standard of living and reletively very low standard of living of in-laws reduces the maintenance? 4. Lets say for example the husband is getting 50000 per month income to understand this. 5. Does court also grants the maintenance for the seperation period so far? 6. What if I can prove that she left me and Me or nobody from our house asked her to leave..or thrown her out.In this case,what will be the calculation? NOTE: when she left she was 4 months pregnant and now has 11 month old baby girl.


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 3 Replies

adv.bharat @ PUNE (Lawyer)     13 August 2016

Whether ur wife is educated? Can earn money by own activity or working ?

If answer is NO then she is liable to get the maintenance & VICEVERSA.

Husbands salary is & all other sources of income will be considered for calculating maintenance.

Defeat the case on merit.

 

Ambycabin   13 August 2016

Thanks Bharat for your comments. Yes, My wife is computer science graduate. Can you please throw some light on the calculations of maintenance : 1.on the basis of current salary or salary when she left me..? 2. Standard of Living

saravanan s (legal advisor)     14 August 2016

If you have enough proofs to show that she had voluntarily deserted you then you don't need to pay her any maintenance.if at all you can't prove and if the court offers maintenance it will be calculated on the current salary

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