maintenance

chander mohan (Querist) 28 July 2014 This query is : Resolved
Sir, wife has filed maintenance. If maintenance order passed in her favour, it may be around 1/3 of my salary(approx 11000). I dont want to give her 1/3 amount of my salary. Sir, if I deposit around 5000 per month in her account without letting her know and before passing maintenance allowance is passed. Will this idea save me for giving 11000 as maintenance.

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V R SHROFF (Expert) 28 July 2014
NO, IT WILL NOT.

Guest (Expert) 28 July 2014
Your formula will not work. Balance will have to be paid, may be along with interest also, on interim or final judgment, as the case may be.

ajay sethi (Expert) 28 July 2014
you cant hood wink the court . your strategy wont work

chander mohan (Querist) 28 July 2014
Thanx sir for speedy reply. Sir i have taken personal loan of Rs 425000 and paying EMI of Rs. 15000 pm. My gross salary is 33000. I get only 18000 in hand. Taking into this circumstances, still will she get 11000? My EMI will not be considered to reduce her maintenance.?

ajay sethi (Expert) 28 July 2014
personal loan you may have taken for reducing your maintenance liability .no your EMi wont be considered .

is your wife working ? what are her qualifications . if she is working then you wont have to pay maintenance

V R SHROFF (Expert) 28 July 2014
emi, loan inst not considered. YOUR GROSS + necessity of wife, child is important.

chander mohan (Querist) 28 July 2014
Sir, she is graduate and was doing job as staff nurse in pvt hospital before marriage where she was taking 15000 pm. But presently she is not working as she has baby of 6 months but defintly will join job soon. Will it help me.

ajay sethi (Expert) 28 July 2014
YES it will help you . gather evidence of her having worked in past and earning rs 15,000 per month . however since the baby is only 6 months old and wife not working at present court will consider said fact while awarding maintenance