Ramesh (student) 22 October 2013

Maintenance

Dear All experts,

Compromise failed for MCD due to unreasonable and very high demand. Maintenance of wife already rejected by the court on account of she is also servicing permanently and getting a handsome amount. Maintenance to child is paying by husband. Our advocate pleaded that fare amount should be derived from the date of maintenance to child till he attains the majority and let the husband and wife put up their latest salary slip before the court and proportionate maintenance according to salary of both the spouse should be calculated and that portion of husband, he is ready to pay for MCD. The wife refused to produce the latest salary slip and therefore the compromise failed.

Please guide what should be done to get latest salary slip of the wife so that maintenance of child could be reduced and it is learnt that wife has left the job of previous employer and at present she is doing the job in some other organization at a very high salary and we due to living in another city not able to get the information of her present job.

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Originally posted by : Ramesh

Dear All experts,

Compromise failed for MCD due to unreasonable and very high demand. Maintenance of wife already rejected by the court on account of she is also servicing permanently and getting a handsome amount. Maintenance to child is paying by husband. Our advocate pleaded that fare amount should be derived from the date of maintenance to child till he attains the majority and let the husband and wife put up their latest salary slip before the court and proportionate maintenance according to salary of both the spouse should be calculated and that portion of husband, he is ready to pay for MCD. The wife refused to produce the latest salary slip and therefore the compromise failed.

Please guide what should be done to get latest salary slip of the wife so that maintenance of child could be reduced

and it is learnt that wife has left the job of previous employer and at present she is doing the job in some other organization at a very high salary and we due to living in another city not able to get the information of her present job.

Ask for call of records from wife's office, once that done, the concerned department head will have to come to court and give her salary details in writing.

Laxmi Kant Joshi (Advocate ) 22 October 2013

Your advocate had given you better advice , both husband and wife are liable for the better maintenance of their child , if both are in job then the maintenance amount is calculated as per their salaries , for that you need her salary certificate if you don't have or not getting easily then move an application in the concern court to give direction to the said company (name and address where your wife is working) to produce her salary details. if her salary is quite handsome in comparison of your then you may contest to reduce for maintenance amount .