How the liability calculated
K Animesh
(Querist) 08 August 2014
This query is : Resolved
Is this the way liabilities are calculated?
1. Self Mediclaim policy.
2. Self LIC policy.
3. Self PPF deposit.
(Para 1 till 3 upper limit is only 1 Lac.)
4. Self EMI for Car / under-construction House.
5. Driver hire.
6. Maid hire.
7. House rent if self living on rent.
8. Dependent non-earning parents medical bills paid by you.
9. Dependent non-earning un-married sister’s maint. paid by you by way of showing outflow of regular money deposits to her a/c. provided parents are retired and non-earning.
10. If minor(s) of yours then his/their upkeep by you by way of showing outflow of regular money to their U/G a/c.
11. Floater Mediclaim policy of minor(s).
12. Quarterly education Fees + School Books + School Uniforms + Computer Fess + Library Fees + Development Funds + Extra Curr. Fees + Lab Fees + Sports Fees + Conveyance Fees of Minor(s) if paid by you.
13. Litigation expenses.
14. 1/3rd. of net take home is yours to blow (I mean this amount is considered your living expenses out of total net take home) and rest are scrutinized based on most of the mentioned paras herein.
15. Your left-up youthful productive years cometh under persuasive pleadings.
16. Your seditious education loan re-payment and scholarships availed cometh under persuasive pleadings.
ajay sethi
(Expert) 08 August 2014
how are you aggrieved?
R.K Nanda
(Expert) 08 August 2014
what u want?
K Animesh
(Querist) 08 August 2014
Sirs,
My wife is a qualified MBA-IT and was working before she deserted me.
After she went, I have filed a RCR case in Pune and in turn she has filed a DV case in Lko and asked for 40k as maintenance and 12 lac as alimony.
We have a 3.8 years old daughter. I am ready to pay for her exps wilfully.
I have huge liabilities on my head:
25K loan, 18 K my house hold exps, 8K-10K my parents exps, 13-15 K savings for my daughter ( marriage & education, I am left with 6-7 K a month, out of which I can meet my daughter's exps.
I am being told, in case the wife is highly qualified, she is not entitled for any maintenance. But at the same time it is suggested that, I may have to pay "some" amount, may be 1/3 or less.
Q- As I have explained, I have huge liability and I am ready to pay for my daughter, still do I have to pay for my wife?
Q- If yes, what are the ways to show to the court that I am actually under great burden?
So I asked the question, how the liability is calculated?
Thnx-
Animesh
Devajyoti Barman
(Expert) 08 August 2014
Unless you prove her employment, you can not avoid maintenance.
Your liability will be considered but enough to avoid maintenance.
Advocate Ramesh
(Expert) 09 August 2014
You can file affidavit mentioning all these facts in court and surely the court considers your affidavit. But In general upto 5 years the daughter is with her mother. For that you have to pay maintenance.
Guest
(Expert) 09 August 2014
Well advised.
T. Kalaiselvan, Advocate
(Expert) 10 August 2014
Until you are not able to prove your wife's employment and income from other sources, you may not be able to defend your self by avoiding to pay her maintenance despite you show lot of liabilities to be looked into through your income though most of the items mentioned in your post do not warrant consideration while deciding the quantum of maintenance to be awarded. Whatsoever,you may have to pay maintenance to your daughter and if her employment and sources of income is proved she may be urged to share the maintenance expenses of the child with you.
Dr J C Vashista
(Expert) 12 August 2014
Calculate yourself as enshrined in Supreme Court decision in the case Batra & Batra
