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petchimuthu (software engg)     21 July 2012

Maintenance

Sir,

I am working in a private company. I filed a case against my wife under restitution rights.Afet that she filed a maintenance case under section 125 of CRPC taking in to account of my salary. I have already planned to buy a residential house in the location / area where she ordinarily resides, by applying loan from a bank, as I have already booked two months back prior to filling these two cases. Now could I proceed with buying? If I buy that house, I have to remit the monthly loan amount due. Do the court order for maintenance amount taking the entire amount of my salary (without deducting the loan monthly repayment amount)if at all ordered. Please kindly clarify so as to proceed for buying that house.

Regards,

Kannan.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 July 2012

The Court considers only the salary that you get after paying all your expenses and liabilities. However since it's a capital acquisition/an investment - the court can take the same into consideration for adjusting your liability upwards or downwards as the case may be. 

1 Like

Hari Prasad (service)     21 July 2012

Dear Mr.Chugh,

I got married in 1993,and from day one my ex-wife started demanding for divorse.94 my son was born and because of him I have not applied for divorce but in 2009 when it was unbearable  by both me and my son ,I decided to file divorce, and in retaliation she made police complaint on DV and dowry harrasment for 5 lakhs and police booked a case of 498A and put me in jail for 3 days.

SInce then me and my son has no contacts with her though  we both stay in hyderabad.

The lower court has dismissed my divorse( I have appealed in HC) and granted her 20,000.00 as maintenance though she has agreed in cross that she has recieved court notice in her office address but has told that after that she has resigned.she is well educated and has been working after 2007.

My son is staying with me since she left.

I appealled in AP high court against maintenance ,and submitted pic of her in office,facebook and linkin sreen shots with her recent pic in office.,we even went to her office but she had resigned from there also just after my appeal,she has so far changed 6 jobs in 4 years

.The honarable judge in just 2 session ,in the first he heared the pettion and said would giving final hearing in the next.I was happy that i neednot shuttle to court frequently and would grant a reasonable amount but the judge didnot take the cognigance of our proof and  asked my ex-wife lawyer if  16000.00 ok , the her lawyer requested for 18000.00 ,reduced just 2000.00 and the learned judge gave his decission without even asking my lawyer if it was ok...so much biased.

I am planning to appeal in SC on the grounds of gender inequality,right of equality.

My socalled FIL is a retired BSNL DGM and MIL was a teacher in ZP school.my wife was educated in a good convent school ,had every opportunity for professional studies as her both younger sisters did.Her parents are educate to properly guide her in her career.Since she was uncontrolable they have married off .After marriage ,after seeing her sisters and friends ,her completed her B.Ed ,and all available computer coursed with my money.

My fathers financial staus was less that them and I slooged in school to get into good engineering college and pick up a covenented job and raised thr my hard work and dedication.I am in the same company for the last 17 years.

my contention is

1.why should I pay maintenance to her when both had equal opportunity for education.

2.She has been working for which I have submitted pic but that didnot hold good in HC.the judge was asking for ther salary sliip or some evidence from her office,which no company will give to a third person as it would be breach of agreement.(we approached her HR manager requesting for some written proof which the refused.

3.I have a net pay excluding HR of Rs 60,000.00,how is 18,000.00 justified,when she was earning 30,000.00 and, I have a grownup son who has to be joined in engineering and my old parents to lookafter.

I am sure ,as she did earlier she would takeup some job else where after this judgement.I have to leave my job and son to spy her.

my request is please advice me on what grounds should I appeal in SC.I have lost fait in judicial system.It is against contitutional right of equality.

please advice

regards

Hari Prasad.

stanley (Freedom)     24 July 2012

Dear Hari             Thourgh an application CrPC 91 you could have called for her  documnets like salary slip,Bank statement ,IT returns  etc or You lawyer should have summoned  her H.R manager to court  and should have cross examined him in the witness box and asked for the relevant details .


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