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K.P.Nataraj (Trader)     23 March 2024

Maintenance u/s 125 crpc.

Respected Sirs,

      My friend and his wife got divorced in the year 2022. 

Till divorce date my friend has paid Interim maintenance of

Rs.5000 to his wife eveymonth.

        In 2023, his wife filed a Maintenance case u/s 125 crpc.

The case is at final stage (argument is going on) .

          My friend is a running the business of textile saree manufacturer

and is aged about 65 years. He underwent an angioplastic surgery (heart)

in 2019 and he is under medicatioins till now. He is not able to do his

business as before. His income also reduced to some extent.

IT returns filed ( Rs. 2 lakh annual income declared ).

           Now he has lthe responsibility of looking after his  85 years old

mother and his son who is studying 12th std.

           But he has some immovable properties .  All the immovable 

properties are his self acquired properties.

             He has testated all his immovable properties to his Son by way

of registered Will.

                  NOW THE QUESTION IS:

          a) How the court will decide the amount of maintenance  to

his wife.

           b) whether the self acquired properties will be considered 

while fixing the maintenance.

Please clarify.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

If any income is derived from the immovable proeprties then it will be added to his assets besides his income from other sources.

He will be required to file an affidavit declaring his assets and liabilities 

He can mention the details of all his income including his present liabilities towards his parents and child etc and his own medication expenses to reduce the assets accordingly.

It is a matter of trial and he can work out the strategies to  tackle the issue as per the circumstances during cross examinatin and other proceedings of the case.

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