Interium maintainance
Guest
(Querist) 25 March 2016
This query is : Resolved
my wife had left my home in Sept'15 when she was 3 months pregnant. She have sent me legal notice first in Oct,15 & in the month of Nov'15 she filed divorce petition on the ground of u/s 13 (1) ia
Marriage between the parties solemnized in July'14 at Mumbai. Her Qualification is B. Com. She was working with partnership firm & drawing monthly average salary 18000/-. She is having 5 yrs experience. She has worked with 2 different employers (small firms) in last 5 years. At presently she staying in Mumbai with parents.
She is now asking for interium maintainance u/s 24 Rs. 25000/- for separate residance etc.
at present she is not working since she is pregnant.
What should be the maintainance amount if My net monthly salary after deduction is Rs. 43000/- and monthly EMI towards Housing / personal loan etc total Rs. 26000/-. My qualification is B. com
Please advice
Devajyoti Barman
(Expert) 25 March 2016
The wife generally gets 1/3 to 1/5 income of husband. The house loan is considered if it is applied for before marriage.
Rajendra K Goyal
(Expert) 26 March 2016
Bring all factors on the case file with proofs if any. Court may fix maintenance between 1/5 to 1/3.
Guest
(Querist) 28 March 2016
Dear Sir, Thanks for your replay.
I wanted to know whether I Have to pay maintenance between 1/5 to 1/3 of total salary or balance salary after deductions of EMI & other liabilities. Please help.
Thanks
Dr J C Vashista
(Expert) 30 March 2016
Basic principle for deciding/awarding maintenance u/s 24 HMA 1956 is that the spouse should live in the same status/ standard as s/he would have lived when they (the couple) were living togather.
Calculation of amount of maintenance includes various factors (more than 11)such as standard of living, status of parties, income & expenditure and assets & liabilities of both parties.
The unemployed (presently) wife, if working earlier, shall not be granted any maintenance since she has choosen to sit idle at home.
Guest
(Querist) 31 March 2016
Thanks for your reply Sir
Guest
(Querist) 13 April 2016
My wife had left my home when she was two months pregnant & never returned. Now I came to know that she delivered the baby. As I wanted to know the details about the new born baby i.e. time,date of birth of child etc I contacted her parents but they denied to provide details.
How in the world a man can live without even knowning birth details of the baby?
what could be the reason for denying such information to the husband? isnt this is harassment to the husband? do we have references to judgements related to such conduct of the wife?
Can court allow me permanent custody of child/shared parenting.
Please help.
Dr J C Vashista
(Expert) 14 April 2016
How did you come to know about birth of baby? Use the same source to findout other details.
I could not follow your query about, "how in the world a man can live without even knowing birth details of the baby?"...What sort of legal opinion do you expect?
Similarly the very next questions to be solved by experts to get through the examination, ridiculous.
Consult a local prudent lawyer or a tutor for further question(s)/queries and advise
Guest
(Querist) 15 April 2016
Sir, when I contacted her lawyer, that time he told me about birth of baby. After that when we (me & my lawyer) contacted her lawyer & also her father, they are avoiding to talk to me & denied to provide the details.
should I go directly to her home to see my baby without informing them? Please advice
Dr J C Vashista
(Expert) 16 April 2016
Being father of baby it is your moral and social duty to take care of the child, whereever s/he is residing, no law can stop/prevent or restrict your access to the child.
You can seek visitation rights from the Court if your in-laws/wife are reluctant.
It would be better to inform them in advance.
Guest
(Querist) 16 April 2016
Sir Thanks for your reply.
