Maintanance amount
Guest
(Querist) 13 January 2015
This query is : Resolved
Hi Ld. Experts,
Request your help to guide me on what should be the maintenance amount in case of Domestic Violence Act considering the below facts so that I can defend my case in next hearing as maintenance awarded to my wife is just high and excessive.
For a financial year (xx-xx)
a) Gross Total Income = xx
b) Deductions under (Chapter VI-A)=yy
c) Total Income (xx-yy)=zz
d) Total Interest and Tax Payable=bb
e) House Rent/annual=cc
f) Payment to my widow mother(annual) on account of senior citizen = ee
Many Thanks
Suman
Devajyoti Barman
(Expert) 13 January 2015
The maintenance to be awarded is 1/3 to 1/5th of your gross income.
Rest of all are irrelevant consideration.
Rajendra K Goyal
(Expert) 14 January 2015
maintenance may be decided 1/3 or 1/5 of gross payment after deducting taxes.
ajay sethi
(Expert) 14 January 2015
court would award around 1/3rd of your income as maintenance
V R SHROFF
(Expert) 14 January 2015
did u obtain court order on her divorce petition ; certified copy of petition , if produced, will prove she on her own do not want to reside with you, and it will decerese mtn amt.
V R SHROFF
(Expert) 14 January 2015
AS SHE WANT TO MARRY HER BF, SHE HARASSING U WITH DV MTN DIV TO GRAB AS MUCH MONEY AS POSSIBLE FROM YOU
HER MALAFIDE INTENTION WILL BE PROVED IF HER DIVORCÉ PETITION PRODUCED IN DV CASE..
DIV WAS FIRST CASE, SO DV IS AFTER THOUGHT
Guest
(Querist) 14 January 2015
Dear Learned Experts,
I have applied for certified copies of the Divorce Petition but still awaiting from Ld Session Judge as I did not have any clue whatsoever. What I understand from ecourt portal that she put up a petition in that court in 2011 Nov. Nothing was served upon me nor my parents till I think it was voluntarily withdrawn in Aug-2012. Not sure what happened to the petition.
Now in between she filed maintenance suit under 125 crpc claiming 12000/- pm from me with n no of allegations. This was in the month of May'12. The notice was never served upon me and was served upon my mother.
Thereafter after only 1 month she filed DV claiming 35000/- p.m with n no of allegations which was heard ex-parte in Dec'2014 and judge ordered 15K apart from other reliefs.
She got custody with help of policemen in May 2014 in none of us presence.
She registered GD in local police station regarding theft in Nov'2014 that one fine morning she saw that locks of inner rooms broken and items theft of the shared household and dictated in writing in the same GD that because arrest warrant execution is pending against me and that we all are absconding and she was not staying in the house for some time. A bull shit story fabricated.
We have not done any FIR/GD as we have not entered into the house as because of Arrest Warrant which they preferred before Ld Court.
Now that an appeal was admitted in session court and conditional stay granted for 1 month after which judge rejected further stay on account that appeal copy not served and that we are putting up the matter in the session court again with a copy served on Respondents beforehand kindly let me know
a) How can I put up the matter of theft in the session court in next date
b) Whether court can make arrangements to assess the lost items in front of court photographers as since last 1 year we did not enter into the house. If yes what is the process.
c) Whether my mother can lodge FIR in Police Station after entering into the house stating that just now I saw my house hold items stolen and last custody was DIL
How do you all suggest that in session court maintenance?
d) Whether session court can refuse/reject maintenance to Wife on account of non consonance appeals and allegations in different format in the court of law.
Request your kind guidance.
Many Thanks
Suman
Devajyoti Barman
(Expert) 14 January 2015
The issue of theft has nothing to do with the maintenance amount. It is a separate case and has no relevance with your matrimonial dispute pending in several courts.
Maintenance in both cases is very much maintainable though the amounts get adjusted with each other.
T. Kalaiselvan, Advocate
(Expert) 18 January 2015
There is no yardstick to measure the amount of maintenance that can be granted, it depends on how the petitioner is able to prove the income and other sources of income of the respondent.
Guest
(Querist) 19 January 2015
Hello Mr. Debjyoti/Ld Experts,
Just and update. Session court satisfying on arguments put by my lawyer has again granted stay for 2 weeks and have advised to have my presence in next date. This was earlier rejected by the session court.
On arguments, my lawyer pointed out that there was no domestic violence from us, instead it is the respondent who took the advantage of filing frivolous law suits one after another to harass my clients and extract as much money as they can. My lawyer has also pointed out that opp filed divorce suit and all of a sudden they withdrew in mid preferring DV and maintenance suit. The intention was very clear.
Initially they denied that they did not file such case. But when we mention case no they were with NO words.
As I did not receive any summons or notice in my place of residence and work place hence I was unable to produce my say for last 2 years and now that this appeal is admitted we are producing this.
In open court judge asked both parties to have this divorce amicably.
Now I request if you can advise:-
a) Whether we shall be able to set aside all previous ex-parte orders now in next hearing as there is no court record that any summon/notice sent to me and after seeing all the LCR.
b)Is there any chance judge may order lump sum amount payable to wife and set aside previous orders?
c) I am still under probation in present organization. Will that help me to reduce amount if any.
Thank You
Suman
