Maintenance
amit
(Querist) 02 March 2012
This query is : Resolved
We have separated since last 10 months. She do not wish to come to my home but my MIL pushed her to send her back to me
But we both wish divorce.
I've 30000 salary from that 15000 is auto deducted for home loan. from rest I pay 7000 to my parents for monthly expenses.and from rest 8000 I used to pay my petrol and other expenses.
My father is retired and mother is house wife and both are totally dependent on me.
Can you tell me the maintenance should I have to pay to my wife in future ?
What if I may jobless in future ?
She is in small company and earning 8500 pm.
still I have to pay her maintenance?
M.Sheik Mohammed Ali
(Expert) 02 March 2012
you can say all the fact of your salary and expenses, and same if you can prove that your wife is working and get 8500, if yes no need to give maintenance.
amit
(Querist) 02 March 2012
Thanks a lot Sheik Sir.
Adv.R.P.Chugh
(Expert) 02 March 2012
In light of your liabilities - she' does not seem to be entitled to maintenance for she is quite able to take care of herself
Shonee Kapoor
(Expert) 02 March 2012
If you are going for Mutual contested divorce, then alimony and maintenance has to be decided mutually.
If the lady moves court, the maintenance of around 20% of your income you can expect to be slapped by the court on you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 02 March 2012
Positive thing is that both of you are agreed atleast on one issue that you need divorce as you mutually believe cannot live happily with each other. Such maturity is seldom seen.
amit
(Querist) 02 March 2012
Mr Shonee,
If the lady moves court, the maintenance of around 20% of your income you can expect to be slapped by the court on you
>>> 20% of net salary or salary come to my hand after home home loan premium ^ my parents expences+ medical expences
Raj Kumar Makkad
(Expert) 02 March 2012
A wife is entitled to have similar status as of her husband. If your father is a retired person, he might be getting service pension. Even if not, you have legally first priority towards your wife.
It seems a joke that u require 7500/- per month for petrol, 8000/- for parents and 15000/- for loan out of total salary of 30,000/- then services of which Gurudwara are you hiring these days for your LANGAR?
prabhakar singh
(Expert) 04 March 2012
You need to reply that she is employed and is able to maintain herself from salary she earns.
Next you need to state that 1/2 goes in discharge of home loan provided you have prove.
Out of the half left,the cost of attending the Job comes around 5k,5k goes in meals of yours and 5k goes to your parents for their maintenance with no surplus left with you.
amit
(Querist) 05 March 2012
Thanks Makkad and Raj sir,
@Makkad : I know, no need to explain you in details. You just tried to aware me the future consequences. But still I’m explaining you. Other way …. Its seems practice for further court matter.
I wonder after hearing that man has first priority toward Wife who left me within few month and neglect me since last 10- 11 months . And for her should I neglect my parents who need my help when they are totally helpless and without pension. Who paid all there retired money to buy home in Metro city. If I neglect them then … where does Senior citizen laws stand for . See below link (Case against son under maintenance act for neglecting parents)
http://articles.timesofindia.indiatimes.com/2011-11-11/madurai/30386794_1_elderly-couple-police-act-senior-citizens-act
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There is no joke that I'm paying 15000 pm on home loan as I have valid bank proof.
7000 : To my parents includes our glossaries & their Medicines of High BP and heart problem control. you can imagine in any metro city 7000 is not enough at least for both
8000 : I used to pay on my petrol. yes its true I can submit my petrol payment details done by my credit card.
I traveled 57 KM daily in heavy traffic to attend my Job which incurred 3900 PM
+ My LIC Policy premium 1500 pm (again valid proof)
+ 1500 at my Lunch at company .
V R SHROFF
(Expert) 05 March 2012
Prove she have job and earning, you need not pay any maintenance with details as u provided.
Guest
(Expert) 05 March 2012
No concern with the maintenance of parents (unless court decides so) or home loan or and petrol expenses in alimony/maintenance case, if it comes to be decided legally.
You may have to shell out prorata part of your income to supplement your wife's income to maintain equal status of your partner.
amit
(Querist) 05 March 2012
Experts Your solutions are more contagious.
If I will not pay Home loan premium. Then Should I come on road if Bank in case take my home?
Guest
(Expert) 05 March 2012
Dear Amit,
Even if the experts opine in your favour, decision of the judge would be binding. So, would need to convince the judge of the case.
But, when no such case has yet been preferred by your wife, it is not understood, why you are so worried without seeing the demand of your wife or the contents of the case, which has not yet taken birth?
amit
(Querist) 08 March 2012
Mr. PS Dhingra Sir
from my relatives I came to know that my in-laws are going to send first notice to me that "she is ready to come to my home" or give her maintenance.
They will not ask any divorce in that notice.
I would like to know should I increase my home loan premium from 15000 to 18000 ? It will reduce my in hand salary(30000)?
Will it worth for me to reduce maintenance ?
Her Father has their 5-6 flat in city. He is corporate manager in private firm. My wife is doing job for 8500/- salary pm.
they just wish to tease me financially at all.
Guest
(Expert) 08 March 2012
May be. That solely depends upon your lawyer how effectively he presents and argues case on your behalf in the court.
amit
(Querist) 09 March 2012
All experts, Need your prompt suggestion.
Still no police or court case from nay side . But I came to know that my in-laws are going to send some notice to me that "she is ready to come to my home" or maintenance.
If she came directly to my home I may lose my separated 10 months period
Me and my family don’t want her in my life. I don’t wish to live under threat for life time.
My lawyer told me to wait for notice then we will decide what to do.
Should I send her divorce notice before she send any notice or come directly ?
