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borntofight (self emp)     26 May 2014

How maintenance awarded

One of my friends who are a software engineer accused in false 498A and Crpc. 125 maintenance case. Due to these false cases he lost his job more over he is a heart patient and with all these ill acts of his wife his health is deteriorating Day by Day. But in order to take care of his health n his old aged parents he wants money and for that reason only he joined a job an earning around 30K per month.

As he is liable to his parents, he is giving around 10K p.m. to his ill parents for medicinal expenses (5K + 5k each)  as both are diabetic, heart and bp patients + his monthly expenses (rent + food + his medicinal expense) 10k + he has some Debts and he should go for surgery in near future for his ailment too, for that he is paying around 5k in chits n other savings like LIC, EPF etc., 5k.

One more thing his wife is well educated an previously she was earning just to harass him she resigned from her job and framed all these cases on him. And she is a Deserted him and living in her mother’s place from past 6years without any reason. He has a Daughter of age 6years.  

He is able to furnish his wife’s employment and previous salary Details in front of the court as she hasn’t revealed any of her education and earning capacity in her plea before he submits valid documents.

 

Now the question arises here is

1. How the maintenance will be awarded if he wants to furnish his salary Details in the court. Actually his wife is failed to submit any of his salary Details but she just claiming that he is earning around 2lakhs p.m. and she wants 1lakh p.m. out of his salary. which is not true. 

2. So is it advisable to submit his income Details on his own?

 

Experts please suggest. Your valuable suggestions are highly appreciated. 



Learning

 7 Replies


(Guest)
File an income affidavit in the Court and give the details of the job and income

borntofight (self emp)     26 May 2014

Dear Sunishchai Sachar Ji, 

Thanks for your valuable suggestion. Few more Doubts here. 

1. Is it advisable for him to submit his income affidavit in front of the court? If yes, what are the things he has to mention in the affidavit?

(Or)

Should he wait till the opposite party to submit as the risk of summoning income tax is involved?

 2. After submitting the affidavit how the court will decide and award the maintenance? (Some Mathematical analysis please)

To his wife (she left him 6 years back only and possesses good health and working capacity)?

 

To his Daughter of 6 years age?

Harsh (abc)     26 May 2014

Any maintenance involved?

borntofight (self emp)     26 May 2014

@Harsh, 

 

No maintenance involved but his parents are aged, ill and they need his financial support strongly.  

advocate poonooran (legal advisor)     26 May 2014

Whats the present state of 125 petition

Gautam Kapoor (IT professional Studying Law)     26 May 2014

:) now who will say he/you are,not borntofight

one point to note here is the judge will atleast ask the pay stubs of 6 months or more,some case 1 year.If you already have it then you can submit them.

borntofight (self emp)     27 May 2014

@advocate poonooran

present status of 125 is at cross examination stage.

 @Gautam Kapoor

The guy I'm talking about is my childhood friend.

He hasn't worked for 6 months when he lost his job couple of months back only he started working. 


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