Alimony/house loan

once you file divorce need to be prove the grounds on it. when it sustains their must me maintenance to be given by u if she claims for maintenance 

Vanitha,

Thanks for your response. I understand that I will need to pay maintainance. I don't intend not to.

My question pertains more to: Will the maintenance amount be decided taking into consideration the EMI on my housing loan. The EMI brings down my net take home. But since it is for a flat I own, I wonder if the courts will not consider it. If that is the case, I need to put my flat on sale immediately, since I certainly will not be able to pay the EMIs. 

Thanks.

Yes KK the maintenace will be decided on several factors but most of the judges will have the formula of 1/3rd or 2/3rd. Generally your income-expenses is considered for granting the maintenance. You car loan emi, housing loan EMI, regular medical expenditure spent on immediate dependents; your lic premiums will be considered as expenses. Now your question is just a bullet fired in the air. You file a divorce case, let her file interim maintenance case then you come to this forum with legal assistance we all will guide you.why be so apprehensive when you have decided for something big. Hypothetically you may be lucky that she may agree for MCD without alimony or may file PWDVA and 498 A and so many false cases. Nobody knows it so go ahead and take each steps as it comes.

Sandykrish,

Thanks a lot for your response.  The fact that you say the EMI will be taken into consideration is quite a relief. 

I totally get it that I may get lucky or unlucky. But want to be prepared what ever the case is. (Real estate is hard to liquidate). 

When you say 1/3 or 2/3rd do you mean 1/3 or 2/3 of what is left after my expenses or before? I tend to think it is before... This point is quite crucial for me as the house loan I'm running is a heavy emi. I didn't foresee any chances of something like this happening, so I opted  for a low tenure, which inturn spiked up the EMI. It wouldn't have been a problem if all had been well, I'd have been able to manage it. But now with a divorce on the cards, I doubt.  Hence thought I will ask here, since I'm sure there must be numerous others in the past that have landed in the same situation as me, i.e., with a emi to pay and divorce maintainance. Just wanted to know what has happened in the past in these cases... was the emi considered?

Thanks!

It's good to hear that EMIs and medical expendiatures are consided while awarding maintenance.

What if you have some proofs about your wife's adultery? will it have effect on maintenance?