Sandeep (associate) 13 August 2014

Factors using which maintenance can be reduced

Dear All,

Marriage duration: 4 yrs - No children.

Dependants:My father and mother. (currently staying in my house with owner as my parents)

I have filed for Restitution of marriage case and i am sure my wife will file for maintainance.

1. Can I show the home loan to reduce the monthly maintenance amount paid to my wife?

I am earning 70K and paying 40K as home loan (will pay for next 20 year.)

Can you please advice - as if i dont show the home loan i may have to land in paying 20K to my wife as maintainance and she is also working somewhere earning 8K but i dont have any proof of it as she is working in a place where payslip or records are not maintained.

2. Can she demand claim over my home in future as I dont have any other home in my name.

Please advice how can i reduce her maintainance as she would try to drag the case more after getting so much amount as maintainance per month.

Regards,

Sandeep

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3 Replies

(Guest)

Originally posted by : Sandeep

Dear All,

Marriage duration: 4 yrs - No children.

Dependants:My father and mother. (currently staying in my house with owner as my parents)

I have filed for Restitution of marriage case and i am sure my wife will file for maintainance.
Why have you filed RCR? Do you want to bring your wife back to your house? In other words, do you want to bring the headache back?

1. Can I show the home loan to reduce the monthly maintenance amount paid to my wife?
Yes.

I am earning 70K and paying 40K as home loan (will pay for next 20 year.)

Can you please advice - as if i dont show the home loan i may have to land in paying 20K to my wife as maintainance and she is also working somewhere earning 8K but i dont have any proof of it as she is working in a place where payslip or records are not maintained.

Do not assume things like a idiot, Home loan different, alimony and maintenance different. Show all expenses of day to day life, insurance etc to court along with all other loans you have taken. Nobody can claim your house, least not your wife. worst case scenario, if you do not pay up alimony to your wife for years, and the sum total is very huge, running into lakhs of rupees, then the court may order to take over the said house and hand over its possession to your lovely wife.

IF she is secretive about her income and job, ask for appointment of court commisioner who will get you details of her job, her fixed assests, bank deposits etc.

2. Can she demand claim over my home in future as I dont have any other home in my name.
Answered..

Please advice how can i reduce her maintainance as she would try to drag the case more after getting so much amount as maintainance per month.

If suppose your income comes down from whatever it is. Then after completion of 1 year from date of order, file change in circumstances application asking court to readjudicate the said alimony/maintenance, continue the procedure every year, as and when there is a change in your income, if you fail to inform court as and when, then you cannot blame court for not reducing maintenance, and will have to approach HC for the same.
Regards,

Sandeep

..........................................................................Good Luck.

Dharmesh (IT consultant) 26 August 2014

What if husband left his job due to mental harassment and depression of false allegation?

Still wife is liable to avail maintenance if yes then how and how much.

Please advice as i am also suffering with same kind of false allegation and planning to left the job because don't want to give any amount to her.

avinash (merchant navy ) 13 October 2014

my wife is a doctor she is working for NGO and earning 15000 rupees. she is asking for interim maintenence 50000 rupees. on what grounds can this maintenance be rejected. no issue out of the said marriage. she has filed for divorce. marriage (cohabition) lasted 2 months but she has waited for 3 years and then filed for divorce and interim and permanant alimony. i was working before in the merchant navy but now i am having a shore job and earning 15000 rupees. indian christian divorce act is applicable. my knowledge is she can ask only 20 percent of my income, but which income.... high income before or low income now ?

can a highly qualified person such as a doctor ask for interim maintenance if her husband was earning more before but earning the same now ?

can interim maintenance be zero based on the fact that if she wishes she can earn a lot more than present earning. she is showing that she is working but most of the time she is idle.

kindly advise on what grounds can interim maintenance be rejected. i do not have any of her papers with me and neither does she.