fighting back (exec) 05 February 2014

Income of brother of husband in maintainence cases

Dear All,

want to ask a question, which many people here possible face, what is the significance of income and type of job a brother of the husband does?

Though technically, the income of the brother is of no relevance in husband and wife fights in court, if the husband shows his income and then shows his liability of maintaining his parents, then what is the position of the other source of income (brother)? i mean, can the court take into consideration, the income and job of the brother too, while calculating the liabilities of the husband

can the court say, since your brother is also earning well, and has a government job, he can also contribute to the maintainence of the parents, then why are only you maintaining your parents and showing their expenditure on yourself only, isnt your brother also liable to maintain them?

so, in effect, will the maintainence amount of the husband increase, just because, his brother is employed in a good organisation and earning good salary.?

thanks

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6 Replies

stanley (Freedom) 05 February 2014

When husband shows his liabities towards parents and their maintanence , the opp counsel is drawing inference on the husband liabities stating that husbands brother too is working in a good organisation and he too is liable towards parents maintanence .

fighting back (exec) 05 February 2014

hi stanley, thank you for your reply, so does it mean an automatic increase in the maintainence amount? just because the earning of the brother is included? what if the the brother is not looking at the parents. ? and can the opposite counsel also ask for the salary slip of the brother?

abhijeet (Executive) 05 February 2014

maintenance of aged parents is an joint responsibility of both the brothers. It can be said that one of the brother has lot of liabilities hence only you are staying with your parents and looking after them. salary slip of the other brother who is not a party to the dispute is rarely called by the courts. courts don't have much time in scrutinizing the things, they are very very busy. long que to be attended.

stanley (Freedom) 05 February 2014

Its just an inference that is been drawn and this point may be raised during arguments to show cause the liabities .

Options .

1. Your parents can disown your brother :-) .

2. Your aged parents can file a maintenance case upon you to show an increase in your liabities :-)

3. if you are suffering from any dieases like blood pressure , diabities , skin problems you can put forth your medical liabities :-)

4. Your brothers salary slip cant be called for as he is not a party to the dispute :-).

etc etc the list can be never ending

Ultimately what counts is how you play your cards

abhijeet (Executive) 05 February 2014

I have lot of discomfort the way you are suggesting. There is a huge possibility of a repurcussion by following your suggestion viz.

1)Your parents can disown your brother: that cannot stop your brother liability to provide for parents and ur parents filing a maintenace case upon you can show how cruel you are i.e. your parents have to approach court for maintenance.

the only way is to show the court the exact expenses you have provided for the well being of your parents i.e. their just needs and the normal expenditure that is justified in running the house. I believe courts will give weightage to that.

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fighting back (exec) 05 February 2014

@abhijeet and stanley...thanks both for your replies......so even if we say that brother has stopped coming to the house and is not looking after the parents, can this arguement be accepted by the court, as the brother is not a party in the case, so he wont be summoned anyways.