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Akki   20 March 2020

Maintenance case filed by wife

My wife has filed maintenance case against me.I am working in private firm as seafarer.I work as contractual employee.I sign contract of 5 months.once contract expires , I didn't receive any salary during stay at home or as soon as contract expires.my salary includes basic pay, annual leave pay and overtime compensation.i want to know from all expects that is overtime compensation is considered in maintenance calculation or only basic pay.Plz advice.and also give case reference also.


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 12 Replies

Advocate Suneel Moudgil (Advocate)     21 March 2020

amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, 

Advocate Suneel Moudgil (Advocate)     21 March 2020

the calculations will be made upon your total earnings

Dr J C Vashista (Advocate)     21 March 2020

Your question is not so simple as it appears.

It involves all the assets and liabilities of the parties, standard of living, status etc. etc.to be considered before fixation of amount of maintenance for wife, children and/or parents.

Seek guidance of the lawyer engaged/ paid by you to contest your case(s).

Akki   21 March 2020

Sir , plz advice , is overtime compensation counted for maintenance calculation or not ????

Akki   21 March 2020

I am a seafarer , I get salary only for 5 months and stay home atleast 8 to 9 months even , sometimes almost a year.I have to undergo thorough medical examination prior every joining or prior signing any new contract.If I fail medical , no job and no salary also.it is important to mention here is that i haven't been paid during my stay at home for 9 months.Even if i get sick on ship , I get only my basic pay .My allowances will not be paid during that period.So , I want to know from all expects that can she demand maintenance on my overtime compensation????

T. Kalaiselvan, Advocate (Advocate)     21 March 2020

You first of all have to see what all documents she has produced before court to prove your income.

In the maintenance application if she has mentioned that you are employed in so and so company and drawing the said salary, you may defend your interests by denying all her allegations while demanding her to prove her allegations.

Later on you can very well prove before court the facts of your employment on the basis of documentary evidences you may rely upon and diffuse the quantum of maintenance she claimed.

 

Advocate Suneel Moudgil (Advocate)     22 March 2020

all your earnings including overtime compensation will include in calculations with due regard to the period you remain at home, empty handed

Advocate Suneel Moudgil (Advocate)     22 March 2020

calculations will be made on yearly basis

Free Legal Help India   22 March 2020

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.

ANAMIKA VICHARE (LAWYER)     30 March 2020

00917606552608

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

You can discuss with your advocate to confront her allegations and also the strategies to reduce the quantum of maintenance on the basis of the false documents she may have produced before court to seek an exorbitant maintenance amount. 

Naushad Ali   01 April 2020

sir .I am living separate from my wife since nine years.she is staying with another guy.her parents are supporting her .how can I get divorce. if I file a case against them they are telling me that they will kill me.
can I move on and get another marriage without divorce

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