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(Guest)

Regarding maintenance

Here please advice me..my wife is filing for maintenance.As per details she provided both my parents work and i am the only son and getting somewhere 50k a month.And she has the proof for the same (regarding family income and my income).is she eligiable to claim upto 35k a month as a maintenance.



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 17 Replies

dr.pawan rajyan (member and secretory)     05 April 2012

income of your parents is not considerable by court.

**Victim** (job)     05 April 2012

Your parents are not liable to maintain her i think she is trying to prove that you don't have any responsiblity towards your parents since your parents are working therefore she is the only one who needs to be maintained.

stanley (Freedom)     05 April 2012

Your parents income would not be considered for her maintanence.Most probally she is trying to potray that your parents are not dependent on you . since the court considers these factors also while deciding maintanence . you have not conveyed if she is a working women and how many children do you have ?? 

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     05 April 2012

Your question is not clear.

Your wife cannot claim maintenance on the basis of your parents' income.

She can claim according to ur income and status.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 April 2012

Dear Rahul,

Your query is not clear.Your parents are earning their income.Nobody can touch them.Your wife is well placed,with considerable income.What does the term maintenance mean?It means a source of income for the female when divorced or deserted by her husband,to makeboth ends meet.It ceases once she remarries.Hence she cannot claim claim as she wants.Its for the court to decide.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

your parents are earning means they are not dependent on you.

 

Your salary only is meant for you and your wife.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Dr J C Vashista (Advocate)     06 April 2012

I agree with the advice given by my friends, income of your parents is to prove that they are not a liability on you.


(Guest)

we have no children and she was working not now.May be not working to harrass me.


(Guest)

but she is trying to prove they are not dependents


(Guest)

yes that exactly how it is.

But if she shows that my parents are working then they are not dependent on me.So she can take a good chunk of my salary.


(Guest)

yes but can she claim 40 to 50% of my salary or how it is

dr.pawan rajyan (member and secretory)     06 April 2012

1/3 to 1/5 of your sallary depending upon her education ,kids etc.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2012

Dear Rahul,

Can you kindly state how she has provided work for your parents?Why she is unemployed? You have to provide the complete details of your query in the first posting itself.Otherwise our answers will be half baked beans.


(Guest)

Dear Rahul

Only your income basis maintenance will be allow to your wife.

Prove whats  your income.

without sufficient reason or documentory evidence if wife ask that husband earn lot of . Than it will be not consider.


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