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Chirag   26 December 2015

Maintenance help

Dear Members,

                 I am woking in a pvt firm and i earn 20,000 p.m ...my wife has charged me with 125crpc...

My question is what if my parents have kept savings like mutual funds, shares and ppf under my name .....but i dont hve access to savings at all.....If they open my I.T return will they count all of above under maintanance... If i dont want all of the above how should i fight to just count my salary ....what if i transfer all of the above under parents name will they still fight for it...

IF she is more educated then me but not working jus for maintanance fun ....will they still grant her maintanance.  I have a son who is 1.5 yrs old....

 Please help...



Learning

 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 December 2015

The court will not take into account the retirement benefits of UR parents though they are in UR name.The court while granting maintenance  will take into account only UR standard income,which U have to prove with UR income certificates.As directed by the court U will have to pay maintenance to UR wife and the child.The maximum maintenance that could be granted would be 1/3rd of UR income.

Born Fighter (xxx)     27 December 2015

 

If ur not getting any monetary benefits in your bank account from the PPF / MF/SHares which your parents have kept for you then dont worry. 

Pls submit your Salary slips alone to court for purpose of calculating maintenance.

What is the education of your wife ? does she have any work experiecne prior to marriage ?

Chirag   28 December 2015

hiii my wife is Mcom but not working ....does her education qualification is enough for me to prove that she is nt entitled for maintanance 

SAINATH DEVALLA (LEGAL CONSULTANT)     28 December 2015

For an Mcom,U cannot completely avoid the maintenance but the court will certainly take it into consideratiion while determining maintenance.

Chirag   28 December 2015

I have read somewhere that a qualifed Mcom wife cannot sit at home idle....jus for the sake of maintanance ....will the judge hear on this

SAINATH DEVALLA (LEGAL CONSULTANT)     28 December 2015

Of course therre are even SC directions that a qualified woman cannot sit idle and claim maintenance from husband.But if her income is less than 1/3rd of UR standard income,then U may be ordered to compensate to that extent by the court.

Chirag   28 December 2015

she aint working .... but i ready to live in a spearate flat and start my new life with my wife n kid....as she always says she has issues with my parents....how should i convince this to judge as i dont want my parents to be dragged in court unncessarily for all false statement....inspite of all mediation & even meeting with judge in chambers her decision changes every minute....now even judge knows her truth ....i hope its a plus point for me,...

SAINATH DEVALLA (LEGAL CONSULTANT)     28 December 2015

Willing to live together with her is a good sign from Ur side,but try to convince her to reunite.

Chirag   29 December 2015

Dear Members,

We had our counselling done and in counselling they didnt respond properly asking for property and etc....counselling members got angry on them and took us to judge.Judge took us to chamber & had 3 sitting in which judge tried explaing her family and my wife....but they turned him down as welll....Now my court case starts from jan 1st 2016 for 125crpc.....

I am ready to accept her back and rent a flat without any1s interferience ....if she denies will she still get maintainance...


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