maintenance
chander mohan
(Querist) 09 August 2014
This query is : Resolved
My gross salary is 33000 pm and paying EMIs of 18000 pm (personal loan from SBI). I take in hand 10000. Wife has filed 125 crpc and 24 HMA. We have a female child of 6 months who is with her. She is living separetely with me. Court generally award 1/3 of gross salary as maintenance after considering other liabilities of husband. From the queries raised in this lawyers club by various person, I came to know that court does not considers EMI while awarding maintenance.
Now my question is that if court does not consider EMI then what is the liabilities means? And how will I pay 11000 (1/3 of gross salary) as I take 10000 in hand or will court direct bank from where I took loan to reduce my EMI. If not, then how can I give maintenance of approx 11000. Pls sort out my confusion.
Guest
(Expert) 09 August 2014
Bank has no concern with your maintenance case under family laws. So, a question of direction by court to bank for reduction of EMI does not arise in your personal case of maintenance to wife. If no default, so far, on your part, the bank would readily extend tenure for repayment of your loan with easy EMIs for longer duration on your request.
Court would issue orders for payment of due amount of maintennace as per the law taking in to account earning capacity of both of you. So, it would be your own outlook how you would be able to manage.
chander mohan
(Querist) 09 August 2014
Sir she is not working presently but was working before her delivery where she.was earning 10000 pm. Sir how can I pay her 11000 if myself get only 10000 in hand. Court should award maintenance out of my in hand salary i.e. 10000 whether it is 50% of it. How can court award her maintenance larger than my in hand salary and how can court say manage at any cost to give her 11000.
Laxmi Kant Joshi
(Expert) 09 August 2014
Grant of maintenance is totally on the discretion of the court , on taking view of your actual liabilities only then court will consider and pass the maintenance order , you have to pay the maintenance for your non working wife and for your child as per decided by the court .
Rajendra K Goyal
(Expert) 09 August 2014
Bring the fact before the court that she was working and is able to work. Court may fix lower maintenance.
ajay sethi
(Expert) 09 August 2014
is your wife working ? what are her qualifications?. you should apply to bank to reduce your EMi and increase tenure of your loan
chander mohan
(Querist) 09 August 2014
Sir she is BSc (Nursing) and was working as staff nurse in pvt hospital but presently is not because of new born baby(6 months). She was earning 12000 pm. But I have no evidence of it. I went to her hospital where she was working for collecting evidence but hospital admin has refused me to give any docs in this regard. Actually I came to know from reliable sources that my wife has requested hospital admin not to give me any evidence that she was working here. She has a good connection with hospital admin. This is because they refused me to give any docs. Now what option I have to tackle this kind of situation. If I could not collect evidence then definetly court will award maintenance as she wants.
ajay sethi
(Expert) 09 August 2014
make an application to court to direct your wife to file her income tax returns for last 3 years . if she was working you would get necessary evidence .
you should also in your reply mention that she was working as nurse in hospital and drawing salary of Rs 12,000 per month
Raj Kumar Makkad
(Expert) 12 August 2014
I do agree with the wise advice of the experts.
