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Maintenance

Guest (Querist) 28 July 2013 This query is : Resolved 
Request your help in understanding how payslip is read for a salaried person with no other income , in maintenance cases.

Salary has different components like Basic,HRA,basket allowances,medical allowances,PF,gratuity,performance bonus..

A careful reading of all this shows that apart from basic salary,everything else is expense / not confirmed.
To simplify it further, HRA goes for rent,medical allowance to meet medical expenses,PF n gratuity are social security savings instruments, performance bonus is not sure and like a lottery ticket which I may get r not get (specially with court cases ,performance will come down) and basket allowances which again are expenses like car maintenance, fuel,LTA,phone.

So,essentially it keeps the basic left at disposal.

With this argument, can affidavit for income be given as basic alone and then court be asked to calculate maintenance accordingly?


please share the pros and cons of affidavits & argument on these lines.



ajay sethi (Expert) 28 July 2013
you have to mention your total pay package .in said affidavit mentioning your basic pay . in said affidavit do clarify that you would be entitled to performance bonus etc but these vary and no fixed figure can be mentioned . do not suppress any facts from the court . let the court decide the maintenance after considering your detailed explanation of your income
Raj Kumar Makkad (Expert) 29 July 2013
The expenses related to the duty are not included rather gross salary is taken into consideration.


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