Bittu (sr. software engineer) 04 June 2014

Wife filled 125 maintenance case

I have filled Divorce on Jan 2011 after 3 years staying separation from my wife. Now she filled 125 Maintenance case as well as interim maintenance in the family court.

Please tell me how much interim maintenance I have pay each month? Please check the details:

1. She left my home without any specific reason. though now after 7 years she is claiming that she had been tortured by me and my parents, but she does not have any evidence since it is totally false.

2. She is highly qualified as mine. She has completed MCA (Master of Computer Application) from reputed university.

3. Though she is very much capable to work and earn money, but she has claimed in the court that she does not have any job.

4. She is only child of her parents and they have big house (Ground + 2 - in each floor 3 rooms and attached bath ) in the proper Calcutta. They have own business in their own house. More over one mobile network tower has been installed in her roof of the building

5. They have big business which is inherit from her grad father. She is totally involved with business ( but i don't have any prove).

6. I have competed my MCA and doing job as a Computer Programmer and earn Rs 48000/- per month.

7. I am staying at rented house in Bangalore. and rent is 10000/- per month.

8. I am also only child and dependents are my parents, (my father is 76 years old and my mother is 67 years old)

Please give me an idea, how much i have to pay each month?

Is there any way to reduce this amount?

Regards,

Bittu

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10 Replies

Adv. Chandrasekhar (Advocate) 04 June 2014

If you can prove all the facts you said in the thread along with showing that your parents do not have their own source of income, then you may part with between Rs.5,000 to Rs.8,000/-.

Gautam Kapoor (IT professional Studying Law) 04 June 2014

Agree with Mr.Chandrasekhar

Laxmi Kant Joshi (Advocate ) 04 June 2014

Show other liabilites also besides paying house rent , you have to pay your Lic premium , medical treatment and monthly medicines for your parents , any loan or other debts and their premiums etc. only then you can reduce her maintenance amount upto 4000 to rs .6000 .

Gautam Kapoor (IT professional Studying Law) 05 June 2014

Agree with Joshiji,The judge will consider these legal liabilities.Your old age parents needs to be maintained as well.If your brothers and sisters are not working their expenditure should also be added.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 June 2014

Dear Querist

if you proved all the thing before the court then she can not be get any maintenance from you but if not then 1/3 of your income can be given to her as maintenance.

T. Kalaiselvan, Advocate (Advocate) 05 June 2014

You have a strong case to challenge, if you prove your liabilities and also establish that she has approached the court with unclean hands, you may get proper respite from court. The court will certainly consider your plight. Engage a good and talented lawyer to fight your case.

Adv k . mahesh (advocate) 05 June 2014

even after separation from you after 3 years she can claim maintenance from you and you have to bear that expenditure as 1/3rd and to avoid you have show your liabilities as expenditure which finally you have shed less amount to her and the degree she is having nothing in this maintenance

Bittu (sr. software engineer) 05 June 2014

Thanks to all of you for your valuable reply.

But I have an other problem. My wife has filled 125 in Family Court and there Judge is not allowing me to appoint my lawyer. I have to ask questions to my wife in the court. this is totally new. I have requested to the court to appoint one lawyer but it has been rejected by court.

How can I ask all these points (above mentioned) as one professional lawyer can do?

Please guide me what to do ?

Regards,

Bittu.

Sidharth (Officer) 05 June 2014

Bittu, Read my threads and the replies of members to them, You might get some idea. Mine is a similar case. As of now I am paying Rs 10,000 out of salary of Rs 92,000. Even this is liable to be challenged based on wife's qualification. However I am waiting for final orders on Sec 125, Which If there is some justice, should be in my favour.