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BattleBegins (s)     04 October 2016

Does property create an impact on maintenance amount ?

My wife filed case against me only after 6 months of marriage, she also filed false 498a but police didn't filed the FIR. She filed DV and 125c cases on me.  She is pregnant now.

My situation is i am freelancer and was earning good amount till now. But due to all this frustration and false case i couldn't concentrate properly on my work and not making money as i was able to do before 2-3 months. And before marriage i have also purchased property in 50% ownership with my brother (blood relation) and he is NRI. 

She asked for 15000 as maintenance amount per month, but i hardly make 15-20k right now. So judge will take my property into consideration to decide maintenance amount ? 

How do i prepare evidance to keep amount as low as possible ?

 

 

 



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 15 Replies

adv.bharat @ PUNE (Lawyer)     04 October 2016

Rs12345 u need to defeat the case on merit . No need to make any false evidence. Since u are free lancer your income is the only source to decide the amount of maintenance.

If u appreciate my answer then will u give THANK on my LCI profile.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 October 2016

The property shall not be a source of maintenance . But the fact that u recently purchased it shall be taken into consideration by the court to Arrive at a conclusion about your general status . Augustine Chatterjee 9999931153
1 Like

Ms.Usha Kapoor (CEO)     05 October 2016

In addition to your Freelancer income or salary income you recently bought  property or already has some property the court which grants  maintennace  would take that also into account in arriving at a decent maintennace amount to your wife  whether undr DV Act or 125 Cr.P.C.If you appreciate this reply please click  the thank you button on this forum.

Sachin (N.A)     05 October 2016

If you give the proof of your monthly income and source of income of being freelancer court will take an average of your income, and pronounce its order.

Property will not be considered if that property is not your source of income.

whatnot   05 October 2016

One of the trick to play is to play in parts....

 

At the outset, you have disadvantage as property is bought and history of good earning exists....State the current scenarion in the court.. And if court orders a grant which is un afforable..Appeal for the same.

 

Each maintainance case can be rev isited on yearly basis with new facts and current scenarion.. So back to court and keep appealing with latest turmoil in your life.. Somewhere they lose intrest..

 

Plan is to cut the resources by trickling efforts..

 

But it will cost you lawyers fees.. Meantime liquidate the asset.

BattleBegins (s)     05 October 2016

Thanks to all for your answers.  Is that work if i make Sale deed or Gift Deed to my family member. Or it will create bad impact.

Also,

1) Does Judge can order to get details based on my PAN card number. to check income  ?

2) I have PPF account and LIC as well on my name, are they also considered as my income source ?

Thankx

 

sai narayana   06 October 2016

The maintenance depends on your proved source of income and assets if any on your name.

i n srinivassulu (stenographer)     08 October 2016

We are three brothers and one sister and the property of one house is on my father's name.  Does property create an impact on maintenance amount.

 

Sachin (N.A)     09 October 2016

Originally posted by : i n srinivassulu
We are three brothers and one sister and the property of one house is on my father's name.  Does property create an impact on maintenance amount.

 

As stated before only in hand monthly income will be the base of maintenance amt.

BattleBegins (s)     11 October 2016

My wife have no proof of my income, can I refuse to say i have no bank accounts and all income i earn in cash method ?

Sachin (N.A)     11 October 2016

Court will not be convinced that you don't have any bank account and court will believe on your wifes argument, moreover if any how your wife managed to get details of your account , you have to face some more cases.

 

BattleBegins (s)     11 October 2016

Ok if i agree that i have bank accounts, Court can force me to provide statements as income proof ?

Is that work if i managed to get job during this time and show salary certificate from employer ?

 

Sachin (N.A)     11 October 2016

Originally posted by : rs12345
Ok if i agree that i have bank accounts, Court can force me to provide statements as income proof ?

Is that work if i managed to get job during this time and show salary certificate from employer ?

 

 

Bank statement are not income proof , court will treat that as your financial status,

If you managed to show your current salary certificate , that will be your current income and this will be the base of maintenance amount.

yudhvir   05 November 2016

can a woman live in in-laws house while her husband living outside for job and she is getting maintaince she is there since 3 years and torture her mother


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