Regarding the income
Adv M.D.Azhar
(Querist) 20 August 2013
This query is : Resolved
dear sir, I have one case of maintenance of muslim couple. in the said case applicant has filed a maintenance application and prayed for 7,000/- per month to maintain her self. now the coupled have no issues behind there. aaplicant taken plea that the, ipponent has the agriculture land but I have produced,the certy of the tehsildar that there is no land in the name of the opponent and we have taken a plea that opponent is a merely a driver who hardly earns 100/- rupees per month and he has also the burde of his parents. now in his cross examination he admitted that there is the agri.... land but it is not in the name of mine and said land has been farming by my brothers and the said land is just 2 acres only now both parties have closed the evidence and matter on the stage,of,argument. therefore I need a judgment in which not more than thousened rupees awarded to the applicant because the opponent is really in not a goodcposition and he hatdly earns 5000/- rupees per month so if u experts have some suggetion that on which point I can makecstrong arguments. another proble is that opponent do notbwant to live with his partner because he do not want get married with appkicant since the begining but just because of his parents he,did the marriage and it was also in the knowledge of the applucant.
ajay sethi
(Expert) 20 August 2013
if husband is earning Rs 5000 per month no court will award wife Rs 7000 per month as maintenance . the thumb rule is generally 25%to 30%is awarded after consideration of all facts . be ready to shell out around Rs 1500 per month as maintenance .
have you led any evidence in support of your contention that husband is earning Rs 5000 per month .
you dont need judgements .
R.K Nanda
(Expert) 20 August 2013
normally it is 1/3 of husband salary.
Guest
(Expert) 20 August 2013
As an advocate, it depends upon you how effectively you can represent the case. Naturally, as a matter of commonsense, if the income is Rs. 5,000/- he is not expected to start stealing or robbery to meet with the demand in excess of his own income and also feed himself and other members of family, if any, living with him.
Rajendra K Goyal
(Expert) 20 August 2013
Well advised by the experts, nothing more to add.
For case law search google.
You can search Indiankanoon under the head:
"maintenance depending on earning capacity of husband"
Adv M.D.Azhar
(Querist) 21 August 2013
no I have not produced any evidence regarding the income of the op
onent.
Raj Kumar Makkad
(Expert) 22 August 2013
Court has to take into consideration direct evidence establishing the income of both the parties failing which the decision remain based upon presumptions so better to follow the due procedure.
