KarmaHaunts2015 (owner) 28 April 2015

For calculating maintenance

Marriage is 4 yrs Old. During time of marriage the business was doing well, however after marriage till now have suffered many business losses (this is a fact and not an attempt to misrepresent income)

Now wife is taking reference of Income of year 2010 and prior to marriage and claiming huge maintenance. I have submitted my ITR returns for past 3yrs. Salaries may not be on decline in service but business is uncertain

Will court consider the earnings of 2010 also in determining maintenance or Income from past 3yrs while the wife was married to husband ??

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2 Replies

bsrao 28 April 2015

The court considers the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute. Alimony should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband prior to divorce. It cannot be so excessive that it affects the living condition of the spouse. Court will look into all aspects before granting alimony. Your old income statements may be irrelevant now.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 28 April 2015

Sir, Should not be relied upon the past incomes and all ..... There must be some landmark judgements I am sure in this regard..... Warm Regards Kapil Chandna Adv 9899011450