MAINTENANCE AND ALIMONEY

Querist : Anonymous (Querist) 06 January 2011 This query is : Resolved

URGENT ADVISE IS REQUIRED FROM THE EXPERTS

What items are considered inthe salry of husband or wife for deciding maintenance.

Is it gross salary or
Net take home salary

What expenses are allowed and on what other basis maintenance id decided

If Husband is suffering from cancer and anytime big amount may be required for his medical care, will that issue be considerd by the court whilce decideing amount.Husband is ready to take her back but girl and her paretns want some undue demands to be med first.

Husband is patient and takes too much tension and they know all this still they are behving rudly and even abused the boy on phone.

What is the option with boy, please advise

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Amit Minocha (Expert) 06 January 2011
net take home salary is normally taken into account. But if you have any loan EMI it may not be considered as deduction. If wife is working no maintenance can be asked by her for herself. Also do press the medical condition of the husband without fail. The boy need not take much tensions as they are civil/ quasi civil proceedings and he cannot be arrested and avoid confrontation over phone. Ask them your counsel will suitably reply. amitminocha@yahoo.com

Querist : Anonymous (Querist) 06 January 2011
Thanks Amit Ji,

As on date no case/complaint is there. The boy is fearing that they may file false DV or Dowry case although no DV is there and infact wife has beaten him many times and his fingre got broken one time and he conveyed this also in mail

Actuly this is 2nd marriage and wife has taken 17 lac in first marriage and is earning interest on that plus is also getting salry of Rs.20000 per month.

Since this is the 2nd marriage boy want to settle issues with her but she wants her undue demands be met first or else she will neither return nor give divoce.

Please advise what to do.

Thanks

Amit Minocha (Expert) 06 January 2011
if you have a medical record of injury and it is not very old you may file a complaint in the police / Court and also cover the expected threats of impleading into false cases. If there is no hope of living together, file a case imediately for divorce as she is physically as well as mentally harassing with her acts and it is a fit case for divorce. Once you are in shelter of the Court thinks would ease down fastly.She is no one to refuse divorce, you can approach the Court directly. If there are no children and she is also working / earning as you told she would not get a penny in maintenance.

Querist : Anonymous (Querist) 07 January 2011
Advocate has advised that once you file any case RCR,Divorce,Mediation she will immediately file case for maintenance, DV,498A etc. etc.

I have talked to her and tried to convince her for pre-litigation mediation but she is not ready.

Advocate has advised to file RCR as in that case chances of allowing maintenance are low as we are ready to take her back.

Please advise.

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