Maintenance DV Act 12

Querist : Anonymous (Querist) 29 November 2010 This query is : Resolved
Dear Experts,

My wife has filed a case of DV act 12. She has demanded Rs 30000 per month. I am getting a salary of Rs. 53000/- Currently I am paying Rs. 9000 EMI for my personal loan.

She has files false 498A case. With the help of mediators I and My wife has filed a mutual divorce. In the agreement I have committed to give 9 Lacs her. According to agreement I have already paid her 4.5 Lacs. But now she is claiming for Rs. 30000 per month as maintenance. I would like to know how much maintenance amount she is illegible for and what are the factors on which this maintenance is dependent. She is well educated Msc, B.Ed. She has potential to earn and maintain herself. We don't have any child.

Thanks.

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Devajyoti Barman (Expert) 29 November 2010
Mere potentialty to earn is not a deciding factor. You have to prove that the wife is earning a good salary. Generally the maintenance is 1/5th of the income of the husband. The loan unless taken for the welfare of the child or wife is also not accounted for while determining the maintenance.

M.Sheik Mohammed Ali (Expert) 29 November 2010
i agree mr barman,

you must prove that your wife is earning and living potentialy

G. ARAVINTHAN (Expert) 29 November 2010
Potentiality wont be treated as income.

For Eg: Y may be a Doctorate .. but you cannot state it as a potential thing for earning.

s.subramanian (Expert) 29 November 2010
yes

M/s. Y-not legal services (Expert) 05 December 2010
Try to go compromise.. Cos already mutual divorce is pending and already you paid a huge amount.. Then its easy..

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