Interim maintenance.
Abhijeet
(Querist) 04 September 2012
This query is : Resolved
Greeting to All,
I am Anirudha I live in Mumbai, got married on 31 Jan'11.My wife has filed a case in congenial court and she is not working. I have submitted my official pay slip of Rs. 42500 pm to the court. I have a loan against which I have to pay monthly EMI is Rs. 22000 pm. I have provided the required document. My rent is Rs. 14500 pm.. I have the notarized agreement which my layer did not ask me. As a result my layer failed to submit the rent agreement to the judge.
Based on this the court ordered an interim maintenance of Rs 15000 pm to my wife. I can produce the rent agreement to the court. As currently I am hardly able to save, honestly I cannot afford to pay Rs 15000 pm to my wife.
I feel that the court was not able to asses my situation before giving an order of Rs 15000 pm as maintenance.
Please guide me as to how to take my case forward and pay a fair interim maintenance.
Also my advocate says that the next hearing date is decided by the judge. I have to travel to pune for the hearing. I am comfortable on Saturdays. My wife live in Pune. Is is possible to book the next hearing date as per my convenience.
Thanks in advance for your advise.
Anirudha.
ajay sethi
(Expert) 04 September 2012
you can request the court to give date on working saturday . as afr as interim order is concerned if you are unable to pay Rs 15,000 maintenace make an application for modifcation of order
Abhijeet
(Querist) 04 September 2012
Thanks for the prompt reply Ajay Sir.
But sir based on my salary and expenses is it a correct judgment by the court to give an order to pay Rs. 15000 pm as interim maintenance. I have read some more cases on this forum there are instances where the court has ordered an interim maintenance of Rs 3000 - 8000 pm to a person whose salary is 1 lac a month and spouse is not working.
ajay sethi
(Expert) 04 September 2012
you are paying 22,000 a month as EMI . in addition rentals are 14,000 . in other words out of income of rs 42,000 you are already paying rs 36,000 . hence not possible to pay rs 15,000 as maintenance .
ajay sethi
(Expert) 04 September 2012
what are your wife qualifcations ?
Guest
(Expert) 04 September 2012
I wonder, if you are Abhijeet (as per your profile name) or Anirudha (as introduced in the question). Although you have given a lengthy text about your problem question, but you have not clarified about EMI and rent. EMI of what type of loan, whether home loan or some other transaction? If that is towards payment of home loan and living in a house built or purchased through loan, for what you are paying rent of Rs. 14,500?
As such in the absence of clarification, it is not feasible to assess whether your lawyer did some mistake in not presenting your rent case or he was right in his action. Further, you cannot say that the court could ignore situation before giving an order of Rs 15000 pm as maintenance when you say that your rent case was not presented before the court.
Abhijeet
(Querist) 05 September 2012
Thanks to all the Sir's for their reply. Her Quantification is, she is pursuing MA. And she said that she used to work before marriage, but we never verified that before getting married.
I agree that my lawyer did not submit the rent agreement which I have with me. I can produce the rent agreement to the Court. The loan is an Education loan for which I produced certificate from the bank to the court.
Shonee Kapoor
(Expert) 06 September 2012
Which Bank offered you a loan whose EMI is more than half of your earnings??? In no case the bank would extend loan on which the EMI is more than 1/3rd of your income.
Either you gave other income sources for that loan or you are clearly living much much beyond your means.
As per your explanation, you are left with just 5500/- to maintain your life including food, clothing and daily expenses.
Naturally the court has not accepted such submissions and has got a feeling that somethings are hidden and hence this order.
Regards,
Shonee Kapoor
www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Yahoogroups: http://groups.yahoo.com/group/sahodar
Guest
(Expert) 06 September 2012
Dear Abhijeet,
You do not seem to have brought full facts before the experts. The amount of all loans, including educational loan by banks are made after analysis of resources and paying capacity after adequate leftover for survival of a lonee.
Anyway, for the purpose of fixation of maintenance amount, all the circumstances, such as current salary, savings, property, your past three years salary income in normal course, etc., is mostly taken in to consideration with regard to your wife if she has any source of income. But all that depends upon effective presentation of facts by your advocate. But, I don't think EMIs of loans taken by a person would fall within the scope of the criteria for fixation of amount of maintenance. Just take the example, had your wife also taken an educational loan of several lakhs, and suppose she would be paying Rs.30,000 as EMI, that does not mean that on her claim the maintenance amount should also contain such amount to cover the loans of your wife.
However, the order of maintenance is never final. It is subject to change depending upon the circumstances from time to time. In other words, the amount of maintenance once fixed by the Court can be altered if there is a change or reversal of circumstances. There can be an enhancement or reduction of the same depending on the circumstances at that particular time.
Abhijeet
(Querist) 06 September 2012
Thanks again to all Sirs,
Sir I am not hiding anything. My education loan was taken before marriage and obviously before my employment. After completion of my education I was unable to find a job in the US for 2 - 3 years as the economy slow there. It took me some to in India to find a job. Hence the interest kept on adding up and the loan repayment amount is high now. The loan EMI document I submitted is authenticated by nationalized bank. Me and my mom has an understanding about the repayment of loan as she is an employee of the bank from where I took the loan.
There is no other source of income for me. but for instance if someone has another source of income then evidence of the some should be submitted to the court before he reaches to the judgement. As I have no other source of income they will not be able to submit any evidence to the court.
Sir, as I haven't told the reason why we are heading for divorce you would not be able to understand who was the nuisance and trouble maker in our marriage. I was the one who was on the receiving end. I would like to give 1 small example: On our reception day my wife said I want divorce without reason. She took to me police station without any reason and after listening to the whole story both the head inspector advised her to behave.
Sir, from my, friends and acquaintance experience I have realized one thing that in our modern society man have become mild and understanding and on the other hand women have become aggressive and hot tempered. I am not saying that men are always right, but these days its mostly womens fault. At least in my case.
Please advise on how to present this scenario to the court to minimize the maintenance amount.
Thanks again for your expert advise.
BHARAT NARASGOUDA
(Expert) 07 September 2012
Sir, you can file a revision against the said order of maintenance or you can approach the high court and get a stay order on the lower courts interim maintenance order and normally the court will grant stay on some conditions, further the rent agreement which is notarised cannot be accepted and you have to produce the original agreement and if you cannot produce you have to explain the reasons and ask the court to issue summons to produce the document to the person who has the document. Further if you request the court that you are coming from Pune and want the case be posted on saturday than the court will normally agree to the same.
Guest
(Expert) 07 September 2012
Dear Abhijeet,
Naturally, if you don't explain the reason why you are heading for divorce, how you can presume that we would be able to understand who was the nuisance and trouble maker?
Anyway, from the recption-day instance quoted by you, it reveals as if your wife married you not for happy married life but to extract money for maintenance, as extra income for herself. The question arises, why such facts not been brought to the notice of the court by you or your advocate during hearing?
Now, your advocate should not forget to effectively present the facts with proof/evidence before the court when presenting the case for revision or stay, as the case may be.
