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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     02 February 2012

Part of salay which is considered for deciding maintenance

Dear Experts,

What parts of salary are considered for deciding maintenance.Is it CTD,Gorss Salary or net take home salary.

Tx and regards



Learning

 11 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

In-hand salary after mandatory PF deduction.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 February 2012

yes, Chaitanya is rightly explain

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     03 February 2012

Dear Sir's

 

What about other dedecutions like lease,VPF,LTA,Superannuation etc.?

 

Tx and regards

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

LTA & superannuation must be part of your gross salary.

Mandatory PF is deducted from that to arrive at net salary,which will be considered.

VPF(Voluntary PF) deducted later & lease  paid will not be considered..

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2012

Dear Experts,

If salary components of salary of Rs. 20 are as follows:

Basic                      5.0

DA                           1.0

Conveyance           2.0

LTA                          1.0

PF                            0.5

VPF                          1.0

Lease                       3.0

Tax                            2.0

PLI /

Retention Bonus    4.5

                                20.00

What will be included or excluded for determining maintenance.

 

If the husband has no fault and wife has left on flimsy grounds and despite the best efforts of husband and his family she is not ready to join back and asking for transferring the property in her name ,still can she get maintenance ?

 

Please advise.

 

Tx and regards

Chaitanya_Lawyer_Mumbai (Lawyer)     06 February 2012

Retention Bonus if being paid monthly,only PF will not be considered,so 19.5 will be considered as in-hand income post mandatory PF deduction & before tax.

She will not get property but she can get maintenance.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     06 February 2012

Dear Mr Chaitanya,

As per u even tax will be taken for considering maintenance and whether husband is at fault or not he has to give money.

 

Tx

Chaitanya_Lawyer_Mumbai (Lawyer)     07 February 2012

Thats how our system is.........some men are paying maintenance to wife even after acquittal in false,frivolous 498a,DV..........forget about no fault in estranged marriage........maintenance is generally decided by financial condition of both the spouses.

asmita0009 (working)     07 February 2012

in my case i had submitted marraige profile with related correspondance in family court, which shows that my husband is earning appro.1,00,000 pm as business income, and have other properties. Further he mention in his profile that his family is independed, however court had given me only Rs. 5000 as maintence, as per his IT document's 1st page.    i am very surprised that , however  i  and my advocate had done  the argument in court  not to consider   IT retrun, because in recent past  Gujarat high court, and other High courts had given the judgment that it return can not consider for alimony .  Further i had done application to court to get details of Income from my husband, before order for maintence, however  court had passed the order. Now my advocate says that i will have to go to high court.  But Question is that who will bare the huge fees of legal procedure for high court , when my husband not maintaining me,. Further due to court procedure i can not do the job in pvt co, and my family doing expense for legal matter.

is it not injustice to me?   

Chaitanya_Lawyer_Mumbai (Lawyer)     07 February 2012

It is difficult to prove income of self-employed persons apart from IT return..

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     11 February 2012

Income proof is a burden on WIFE

Husbnd do not co-operate, and court do not summon employers, or IT. 

It is unfortunate, in the nation favouring women. 


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