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Amount of maintenance

(Querist) 15 May 2012 This query is : Resolved 
Sir
This is with regards to CRPC 125 which my wife has filled on me. I have a child age 5 who is with my wife staying at their parents place since 18 months and dosent want to comeback. We tried all ways but all in vain. I want to know i have a EMI of 7000/- towards home loan which i had availed 2 years back for 1RK flat which is under construction. My salary is 27000 and i intend to contribute toward EPF from this month. Let me know that will my Loan EMI and contribution towards EPF will be deducted while calcuation of my salary and giving maintanence. Thanks for your reply
M.Sheik Mohammed Ali (Expert) 15 May 2012
yes, after deduction will give maintenance will be order, but you must submit all the proof of loan and dues before the court.
ajay sethi (Expert) 15 May 2012
is your wife working? if she is well qualified and working you may not have to pay maintenace to her but only for child .

if she is not working the court will consider your income your libalilites before passing order for maintenace
PARTHA P BORBORA (Expert) 15 May 2012
Submitt it before the court. Court will definaley consider it to determine the quantum of matainence.
Shonee Kapoor (Expert) 15 May 2012
EMI and compulsory deduction of EMI would be counted.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo ) (Expert) 15 May 2012
Why don't you contest the case on the ground of willful negligence not by you but it is by your wife?
YASH (Querist) 15 May 2012
Thanks all for your reply

Just one morething..What can be the interim maintenance and Final maintanence in my case. Will there be any counselling by court which can tell my wife to return back with me. I am at any stage ready to accept my wife back.She is not ready to come back in any condition and still asking maintainence. How to defense this case .pls suggest
ajay sethi (Expert) 15 May 2012
contact a local lawyer . he will after goint through the complaint and after holding confernece guide you properly .

spend some money on legal fees too
MohammedRaffiq Bijapur (Expert) 15 May 2012
Yash
Initiate proceedings under Hindu Marriage Act for restitution of conjugal rights, so that ur burden to pay maintenance will be lessen.


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