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Sachin (Executive)     16 April 2014

Maintenance reduction

Dear Experts 

Kindly share the ways to reduce  maintenance from take home salary so that wife can get least amount of our hard earned money.

Thanks for guidance

 

Regards

Sachin



Learning

 7 Replies

Prithwish Ganguli (Advocate)     17 April 2014

You can apply under section 126 of the Cr.P.C.

Sachin (Executive)     18 April 2014

Dear Sir

Just tell me the ways to reduce maintenance amount.

Where to invest take home salary so that maintenance can be reduced?

Thanks for help.

Tajobsindia (Senior Partner )     18 April 2014

1.    Option is to immediately speak to HR of the company and force current Employer to ‘terminate your services’. Receive true copy of ‘termination letter’ from Employer.

2.    Find a ‘low paying job immediately’. Seek true copy of first ‘Salary Slip’.

3.    Now before next date of hearing submit 1 and 2 in concerned Court by way of a ‘Sworn Affidavit’ as 'change in cirumstances'.

4.    Your ability to earn from date of filing till aforesaid Sworn Oath Affidavit submission will no doubt be questionable by other Party and when Arguments to decide reasonable maintenance (if any) to wife cometh then your sworn Oath Affidavit should be considered if same argued vehemently by your side. Suggest arguing based on marked Affidavit of changed self Income and ensure same finds place as verbatim reasoning for allowing lower maintenance in Interim Maintenance Order by a ld. Judge.

5.    If para 4 succeeds then your worries are answered. If para 4 is overlooked by ld. Judge then also you have a case in hand in Appellate Court questioning merit of the material facts (circumstances leading to change in circumstances resulting into lower income) and overlooking Affidavit of income by a trial Court.

6.    If you cannot leave current Job then there is another option to lower maintenance which painfully reads as follows; The option is to evaluate pros. / cons. of long running litigation - (multiple) maintenance cases r/w advocate fees and further read with leftout youthful productive years of yours. Normally maint. cases run for years and most often Order on maintenance is from date of Application and then most of the husband(s) runs from trial Court to appeal Court to quite often now-a-days to hon'ble SC  r/w changign ld. Advocate's too,  in-sum challenging the same and eventually most often result into more money outflow. Thus the option after careful evaluation of pros. / cons. is to sit with wife and opt for MCD (Mutual Consent Divorce) with one time alimony and then carry forward vigorously in career building leaving all acrimonious litigations behind in peace.  It is not advisable for everyone to contest family law litigations when metro wife is opponent r/w when you are earning too much and have productive youthfull years left.

Choose either one of the above suggested option wisely from mind and not from emotions. 

Now letus flip all above then;

1.    Self Mediclaim policy.

2.    Self LIC policy.

3.    Self PPF deposit.

(Para 1 till 3 upper limit is only 1 Lac.)

4.    Self EMI for Car / under-construction House.

5.    Driver hire.

6.    Maid hire.

7.    House rent if self living on rent.

8.    Dependent non-earning parents medical bills paid by you.

9.    Dependent non-earning un-married sister’s maint. paid by you by way of showing outflow of regular money deposits to her a/c. provided parents are retired and non-earning.

10. If minor(s) of yours then his/their upkeep by you by way of showing outflow of regular money to their U/G a/c.

11. Floater Mediclaim policy of minor(s).

12. Quarterly education Fees + School Books + School Uniforms + Computer Fess + Library Fees + Development Funds + Extra Curr. Fees + Lab Fees + Sports Fees + Conveyance Fees of Minor(s) if paid by you.

13.  Litigation expenses.

14. 1/3rd. of net take home is yours to blow (I mean this amount is considered your living expenses out of total net take home) and rest are scrutinized based on most of the mentioned paras herein.

15. Your left-up youthful productive years cometh under persuasive pleadings.

16. Your seditious education loan re-payment and scholarships availed cometh under persuasive pleadings.


etc. are only allowed deductions from net take home income for a maintenance Order which then becomes basis of challenge in an Appeal.  

Rest all are discussed well in 10K discussions till date under Family Law forum; suggest to read down similar discussions and rest maintenance matter once for all in peace.

{Last reply}

2 Like

pun (eng)     18 April 2014

etc. are only allowed deductions from net take home income for a maintenance Order which then becomes basis of challenge in an Appeal.

 

@tajobsindia - can you please share any reference on basis that we can try to ask for consideration of above mentioned deductions?


Thanks

Sachin (Executive)     22 April 2014

Dear Experts

Tricks to reduce maintenance amount?

Thanks

 

navdeep (ABM)     25 April 2014

Can i say as my father disowned me so the loan of my MBA and my marriage is a liability on me now. Can it be a arguement for lessening the maintainence??

Kamal (XYZ)     10 May 2014

Enhancing Provident Fund amount is a solution to maintenance reduction?


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