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(Guest)

Advice on maintanice

Hi All,

My wife is expecting maintaince from me and she is post graduate.before marriage she was working and she has 5 years experience.Please advice on below questions.

Questions : 

1.I am paying rent Rs 9000 by cash to owner and am having rental agreement ? If I pay rent by hand Is that valid to proof to show or how to present this ?

2.My parents are dependents on me and They are BP, Sugar patients and am sending everymonth Rs 9000 through online transfer ? Please advise how to present ? Which is the best way to present through online or depositing amount to my fathers account?

3.I have personal loan and am paying emi Rs.5000. its getting deducted every month 5th of the month.Pls advice how to present thorgh statement or ?

My salary is 25000 and how much judhe can decided and can I fight for maintaince because she postgraduate. Please advise .

 

Thanks for quick advises and Thanks in advance.

 



Learning

 3 Replies

jagat pati singh (fggd)     28 July 2013

IF YOU HAV GIVEN DIVORCE HER,THEN SHE IS ENTITLED FOR MAINTENANCE. IF SHE HAS GOVT.JOB THEN SHE IS NOT ENTITLED FOR MAINTENANCE.IF SHE GOT MARRIED WITH SOME OTHER MAN AFTER DIVORCE THEN SHE IS NOT ENTITLED FOR MAINTENANCE. IN YOUR CASE SHE IS P.G BUT NOT DOING ANY GOVT.JOB OR NOT EARNING A BIG SALARY , THEN YOU HAVE TO GIVE MAINTENANCE WHATEVER COURT DECIDES.


(Guest)

Dear querist,


The maintenanace depends on facts and circumstances of your marriage and the capability of wife to maintain herself or not.If she is post graduate and having experience,then ask your lawyer to give the judgements related to your case where wife been denied for maintenance if wife is more qualified and having prior experience of working.Collect her previous income detail and current detail submit to the court.



See it is better to show all your expenses officaly so,as the final maintenanace which she will receive must be less.


Better ask your landlord to give reciept but generally landlords not give receipts due to failure tax payment.So,ask him to give his A/c no. and you can deposit monthly rent into his account and show as monthly expenses officialy.



Generally 1/3 of the take home salary after all expenses is assumption of maintenance to wife.


 But in your income-----------25000-(9000+9000 + 5000) = 2000/- p.m left with you even you have to maintain yourself.


So,better fight your mainetnace case well and present all your expenses and her income and chances of her job effectively.




regards,

 

A sufferer......

Sudhir Kumar, Advocate (Advocate)     04 August 2013

connect to https://www.lawyersclubindia.com/forum/details.asp?mod_id=85820&offset=1#.Uf3G9azQzml

 

god is kind to you that you have chance of peaceful reconciliation and do not spoil this.


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