Maintenance
Querist :
Anonymous
(Querist) 06 December 2011
This query is : Resolved
Sir,
i am working with a multinational company and presently my posting is at Canada. my wife is also highly qualified and working as a professor in a college in Mumbai. i've a younger son age of about four years.he is living with my wife. since last more then four years my wife staying with her widow mother and divorcee brother at her parents' house admeasuring about 800 to 900 sq. ft.
under influence of her mother and brother she filed a petition for divorce. after 2 -3 dates of filing the petition she filed an application for interim maintenance. in those application she demanded the huge amount of maintenance. in support of her claim she produced a copy of a leave license agreement of flats (might be combine flats as in the address, the flat no. mentioned as 104-105.)admeasuring about 1000 sq. ft. as a shelter for herself and her son!, then she produced the bills of purchase of furniture and household items, receipts of international school"s school fees stating that my son studying in the said school. then demanded maid servant's salary for care-taking of child and for many more things she demanded about a sum of1,50,000/- p.m. as interim maintenance from me.
in support of her claim she produced the salary slips issued my company. i was shocked seeing that the said salary slips are of the years of prior to my marriage!
she also made false allegations against me that I'm alcoholic and living luxury life etc. she also claimed that i am having many bank accounts (mentioning with banks' name), credit cards, debit cards etc. but the fact is that i am living simple life. i do not have any bank account accept my company has opened for payment of salary. i do not have any credit or debit card.
my question is that weather my wife is entitled to get such a huge amount of maintenance as she claimed? can i sue her for breach of trust as she has stealing my salary slips. can i sue her for defamation as she made false allegations against me in the application? what should i do? plz. help me.
plz. give me citation in support of my defense if any available.
ajay sethi
(Expert) 06 December 2011
what is your salary? as a thumb rule around 30%can be claimed .
you ahve to engage a lawyer and deal with all the allegations . you have to deny all false statements made .
concentrate on fighting the case rather than filing for defamation at present .
V R SHROFF
(Expert) 06 December 2011
Your wife have to prove your real income as on today, and Court will fix interim Mtn, as per your ability to pay, her justification to live separate, Her reasonable expenses for 50% Maintenance of your son only. her income, etc.She herself is not entitled to any maintenance as she is earning sufficient. You have to share 50% of your son's reasonable expenses, that include medical, education, residence , food & clothing etc. Your wife is entitled to a reasonable mtn, that you can provide.
You can sue for bot & stealing & defamation, but all these are not advisable, as useless. So don't do it.
Just defend in Mtn, show your other exp & liability, and sress on her income, and Intentions of your MIL 7 BIL tp separate you out for their selfish motive to have a company of your wife, her earning, and your earnings, at your cost.
It is but natural that once u r at Canada, she will reside with her mother and brother, instead of living alone. Who will look after your son? . Try to find out, why she want all these trouble that lead to break your family??
Cool Down, Leave it to your Advocates, and have a peace of mind. It will settle on its own.
Devajyoti Barman
(Expert) 06 December 2011
The proofs in support of your wife's claim would certainly go against you.
That however does not mean that you are defenceless. You can also take number of defences for which we need to now the whole case history of yours.
The order of maintenance is determined according to the income and status of the husband.
The income of the wife may also not be taken into if there is great disparity of salary between the parties.
The quantum is generally not more than 1/5th of the income of the husband.
Shonee Kapoor
(Expert) 06 December 2011
I differ with experts, the maintenance when one party is Indian asking from a Foriegn National, the maintenance awarded should be on Purchase Power Parity. There are leading judgments in this regard.
Use them to thwart her attempts to get undue advantage of currency conversion in her favor. It should work in your favor if any.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 06 December 2011
Thanks Mr. KApoor.
can you provide me the citation
of judgments please?
