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Ravinder Kumar (Account Director)     14 May 2011

Do I pay more if my income increases whereas wifes remain at

Dear All,

I have filed for RCR with the Gurgaon Distt family court in March 2010 which is still in process. My wife immediatelly after recieving the summons for the RCR case filed Petition for maitenance under Sec 24. The Hon.Judge awarded Rs 2000/month in November 2010 for the child who was 1.8 years old that time and Rs 2500 for legal charges. Now my wife has moved to Punjab & Haryana High Court challenging the judgement. Here I want your guidance on following queries,

1. When the maitenece order was passed my salary was 36000/month(Private Bank) but total outgo on Loan EMI and PF were Rs 21000.0. Thus takehome salary was Rs 15000/month and my wife salary was Rs 13000/month (Govt. Bank). Now I am shifting to new Job where my slary will be Rs 50000/month and my EMI/PF outgo will be Rs 17000/month. Thus my total takehome will be Rs.33000/month. So if my salary is increased will the High court increase the maintence amount.

2. My in-laws do not know about my new job but I need to submit mylatest salary slip where I cant hide  things. What should I do so that maintenance amount is not increased. One option I have is to ask Bank to increase my EMI, but this will only increase to Rs 25000/month.

3. I actually do not want to pay anything to themin cash, what I want is that since my son is now 36 months old, he will start going to Play school, so i will pay all her fees in school and anything he need to buy for it.

4. I have not recieved any summon from the High Court but my wife said that one date is already over there in my absence. So can court give its judgement on the revision filed in my absence.

Here I also like to mention that in RCR case my wife has denied to joined me twice, once in Lok Adalat n once in Mediation center. So do I need to mention that in High court, if that makes any difference. I am also not allowed to meet my son by my wife at her house.



Learning

 6 Replies

Tajobsindia (Senior Partner )     15 May 2011

@ Author

1.
A person who alleges has to prove your capacity / income. However you have not mentioned under which grounds she has moved to HC asking revision in maint?


2. Above being besides the point you can always pray before HC to meet expenses of maint concerning child voluntarily subject to just visitation orders for you and grandparents of the child. HC will grant not only visitation but your main purpose be it increase in maint. is also solved according to your terms. However, this part needs careful pleading hence discuss well with your ld. Advocate the fine strategy.


3. Concerning not allowing meeting of your child to you. Since you have filed RCR you can very well file S. 26 HMA which is a comprehensive section under HMA useful for interim orders on visitation. Now that she has whispered of some case before HC you can even now file visitation application before trial court and take the certified copy to HC and may also include as annexure as reply to her moves before HC.


4. You may watch the board as well as daily cause list of P&H HC by visiting their official website and keying in your name and or your wife's name and thus come to know of any case status pending before you two at HC. 

1 Like

Arup (UNEMPLOYED)     15 May 2011

YES, IT IS THE FORMULA - EARN MORE, MAINTENANCE MORE.

1 Like

Ravinder Kumar (Account Director)     15 May 2011

Thank you very much for your valuble guidance..

Since I have not recieved any summons from the HC, am not aware of the grounds on which she moved her revision. I do not mind her more money, but not in cash, I am ready to bear all the expenses of my son or even her directly... I go and pay the school fees (though he is not in school now), buy both of them clothes or other things needed, pay their medical bills.

I do not want to pay them cash because I know she does not need it, she has more money  and more property (whatever we both inherit from our parents) than I have. I want to feel satisfied when I spend my hard earned money.

Tajobsindia (Senior Partner )     15 May 2011

@ Author

1.
As per Law it is not wishful thinking.


2. However as per persuasive pleading you can bake and eat your own cake too ! All depends upon 'strategy' and how one presents reliefs before Lordships but in last it is all doable.

 

Ravinder Kumar (Account Director)     15 May 2011

Ya, I will try my best for the wellbeing of my son and my wife...I will keep you posted on further development in my case.

Will also file for section 26 HMA this time. Thanks.

Ravinder Kumar (Account Director)     15 May 2011

 

When went through the cause list I found the below mentioned listing, Can you plz tell what does it tells me about the case..

 

CR-2948-2011 (IO)

 

 

 

 

PREETI YADAV V/S RAVINDER KUMAR DAGAR

   
  CM-11744-CII-2011      
  CM-11745-CII-2011    

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