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Maximus (SE)     04 February 2013

Crpc 125 . wife asking for maintenance

 

Hi, 

My Wife has filled a case  CRPC 125 for interim maintenance of 20,000 Rs monthly and 50,000 Rs as legal expenses. She is not working currently.  In Petition copy she claims im getting one lakh as salary and one lakh on lands, total of 2 lakhs monthly. where Im not drawing that much of salary and i dont have any lands on my name and we dont get one lakh on lands. Judge asked us to file counter, we mentioned she has university holder with 80% in Mechanical Engineering , she already worked in an organization drawing a salary of 20,000

Can anyone provide how much judge may awarded  for interim maintenance , She has filed 498a first and RCR Conjugal rights secondly now..interim...... not sure how much judge gets judgement on interim maintenance. Thus Judge blindly follow % of my salary for interim maintenance

 

-Maximus



Learning

 9 Replies

stanley (Freedom)     04 February 2013

If your wife has worked before than convey the same and in case you have her old salary slip sumbit the same . Since a working and educated women having the capacity to work is not entitled to maintanence . 

The burden of proof that you earn one lac lies upon her to prove it . Alternatively you can sumbit your salary slip . Normally they award 1/3 rd of the salary but every thing depends on your arguments . 

siranjeet (JE)     04 February 2013

1 you should submit ur salary  statment from ur employer in court

2 make use of these judgments where wife well qualified previously working and no maintenance is awarded

mamta jaiswal vs rajesh jaiswal MP ....... DMC 2000 (2) 170

Damanreet Kaur vs Indermeet singh juneja Delhi high court

3 deny the alllegation which she had stated in petition and also ur salary and property

1 Like

Maximus (SE)     04 February 2013

I have one question , I get more than 75 k and less than 1 Lakh, I do have home loan every month i pay 20k and House hold expenses of 20 K and 5 K towards my insurance.. I can show travelling expenses has 5 K for turning up to court.  I can show expenses for my grand ma or for mom medical expenses by proving some bills , since my father is government working employeee,i cant show bills for him. we just  have mentioned in my counter has meager salary.  

 

-Mahender

Jatin (NA)     04 February 2013

As mentioned here the proof of how much wife earns has to be submitted by husband and how much husband earns the wife has to prove.

In situation where husband is a NRI and if he says that he is not working and living abroad on social benefits then how can the wife prove ? Also does the court force the man to submit his salary slip ?

Jatin (NA)     04 February 2013

Also something which i did not understand on what basis the maintenance is really decided by Indian court.Also girls family ask 1cr how is this really possible and on what basis this money is being asked ?

If the couples had a short marriage and not living together and having no kids then how the girl gets maintenance and on what basis?

1 Like

cm jain sir (ccc)     04 February 2013

1)She is capable to earn hence she is not entiled to maintanace. search SC judgement.

2)Home loans will be considered while deciding the mainatanace. search SC judgement.

3)Tell the court that you wan to keep her if she gives in writing that she had filed false cases.

4) Your case is from Which state? search the judgement from HC and read it thoroughly.

5)Join siff, read n know law, fight the false case like tiger and learn to enjoy these false cases.

6) see the below link:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=24586&offset=2#.UQ_mhh2R_F4

Maximus (SE)     04 February 2013

Hi, 

Im already part of SIFF. 

kalyan (engineer)     05 February 2013

@maximus,

Proving your income is her head ache. There are many judgements which says no maintanance for wifes who are highly qualified and capable to earn. In addition, there is no rule that 1/3rd of your salary will go as maintanance. Law says that maintanance is only to fulfill the basic needs and not for luxurious life. I beleive that maximum maintanance will be 10000 per month if you failed in your efforts. 

siranjeet (JE)     05 February 2013

there is no rule 1/3 of salary as miantenance to wife

125 crpc is to prevent starvation and vagrancy of children and wife where as 24 HMA emowers wife is to live as per standard of hubby but 24 HMA is always interim and during pendency of HMA cases from section 8 to 13 HMA 

maintenance is decided on basis of net monthly salary/ income after deducting EMI, Income tax and others if any (medical bills)

maintenance is decided on basis of liabilies of husdand like dependency of parents and unmarried brothers and sister as importent factor

earing wife and able to maimtain hersrlf then ..........no maintenance

laws are not made to divide salary of spouses into equal halves


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