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AKS MAT (AO)     10 November 2010

high maintenance 125

my monthly income is 21000 pm
My wife's  salary is 59000 per month 
A male child ( now 8 years old in custody of mother was born in period of separation . 
Wife says child belongs to me . I denied 
Expenses of child calculated by mother 4000 monthly.
Interim maintenance given by magistrate is 3000 pm . I feel it is on higher side . 
seeing mother's income . 
Order of Interim passed on 2-8-10 . I did not file review or revision of the order on 
advise of advocate . 
Payment to be made in 4 days from now .
What options I have now ?


Learning

 9 Replies

Tajobsindia (Senior Partner )     10 November 2010

@ Author

(Personal) issues besides the point let us both be honest in below understanding keeping in view we talking of 8 YEARS old kid here !

 


These are rationale i.e. THE NEEDS of a 8 years old child my dear Sir whether you painfully agree or not I have set a bar and let us talk only of a child not what mother is earning in instance case scenario…….

 

- Education expenses (as per status of parties)
Reasoning:
8 years old means child is in 3rd. Standard (class) right now and in 3 months will be promoted to 4th. class. Any (national average) basic school quarterly fees is nothing minimum than @ 4500. I think ld. Judge has been a miser in instance reported case. Now decide yourself what child share towards education pops out of @ 3000 awarded by ld. Judge? Pittance is my view Sir, hence raise your fatherly bar.


- Medical expenses (variable can’t be set into one bracket)
Reasoning: A 8 years old is bound to be seeking twice half yearly dental visits which any reasonable educated parent becomes a must activity. Average dental visits costs @ 2000. Fine tuning a 8 years old kid also falls minimum 6 times a year due to fever, pollution, bad eating habits etc. etc. Average consultation costs comes to another @ 3000. Further advising in case you forgot a 8 years also needs 1 polio shot which itself at this age costs @ 1250. I have intentionally ignored conveyance for medical which custodial parent will be spending upon otherwise it will become another post Diwali bahi khata change scenario for you Sir. Calculating all these and given to understand the award of @ 3000 see for yourself what is left out for the custodial parent to spent on medical needs which a father is bound to maintain in normal situation and even during litigation scenario just for god’s sake to show father is in good books (conduct) in case a custody suit is ever filed by you.

- Extra curricular activities (school picnics / outings / camping)
Reasoning: A 8 years old kid goes twice on school outings which is paid activity by custodial parent. Further a 8 years old kid also loves to visit natural places (museum / amusement parks – rides / friends activity partner role play etc etc. A average amusement park all rides cost now-a-days nothing less than @ 300 bucks and what would be called a miserly thought if I don’t take atleast my only kid once a month for such rides ! I am omitting fancy dress (hire) charges in case god forbid school has some dance – drama – presentation by that age kid. BTW average dress hire charges are another @ 200. Let us become CA and calculate all these p.m. and see what is left out given to understand the award of @ 3000

- Conveyance (school transports)
Reasoning: A average conveyance if school tpt. Taken is @ 800 bucks and if pvt. Van supported then average it is @ 300. Compare with @ 3000 awarded and ask yourself what is left and who should foot that extra you or the custodial mother !


- Food (as per status of parents)
Reasoning: I am omitting Hon’ble SC binding Law wherein SC says as late as Jan 2010 that a child diet cost based on minimum 1640 Kcal requirement should be Rs. 6/- and even most dear WCD (Women and Child Development Ministry via Affidavit) agrees to such shocking agreement of convenience. So less said about such Judgments the better is my immediate view. A 8 years old kid diet from the kitchen of a middle class parent (u earning 21 K and she earning 59 K should not be less than @ 3000 itself ! Well I would loving feed my kid 3/4th. of what I get on my plate under same money (income) situation and I am not sure what you as a father would agree to it or not so do a deep thinking how much a kid of such income parent should be feed with ! I am not sorry to use such wordings in public forums.
 

- Clothing (again as per status of parties)
Reasoning: A 8 years kid cloths unlike ld. ladies clothings are the most expensive, let us visit the nearest market to understand the high cost of tiny tots clothings. Any decent cloth to cover basic nakedness of your kid will not come even if bought once in a month nothing less than @ 800 and let us see what is now left out of @ 3000 awarded by lordship.

- Marriage (if female)
I am ignoring this at the moment.


- Higher education (if female)
I am ignoring this at the moment and cautioning you that DV Act to be read before jumping guns upon me post reading this reply post
J  


- Job (prospective issue only if female)
I am ignoring this at the moment and cautioning you that DV Act to be read before jumping guns upon me post reading this reply post
J


Well, I would have suggested you to use the Hon’ble SC Judgment on shared maint. to a child if both parents earning (co-extensive formula as laid down by Hon’ble SC) but I am resisting suggesting the same, simple reason being that the award is too low for a child of age 8 years. Had it crossed 7 k or above (now here keeping in view your 21 K) I would have reversed engineered some suggestions.


Now, after all permutations / combinations what I can as a bottom line suggest is to ignore this award at the moment and fight for main suit rigorously least she pinches you with another maint. suit given to understand a ld. lady does not keep quite with only one maint. suit now-a-days.  


What surprises me in your post is the 'calculation of expenses by mother as to be @ 4 K" ! Seems she is in BPO industry where they work as per manual and if any typical question outside a manual is asked they get confused. It is a compliment to this lady I must add before other ladies make mince meat out of me and complaint o admin to delete my account welcome that too………………….

5 Like

hedevil hydraheaded (non professional )     10 November 2010

I appreciate and liked the way you have calculated a child's expenses...

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 November 2010

This can be the least amount awarded by the Court. Simple calculation. You have to provide 1/3rd of your salary for family- that comes to 21000/3 = 7000. half to wife and half to child = 7000/2= 3500.

Now order of Judge is Rs3000/-. Better pay this.

AKS MAT (AO)     11 November 2010

Reply by tajobsindia is interesting . I believe I should be grateful to my wife for not producing a daughter atleast .

Every dark cloud has a silver lining ..

Renuka Gupta ( Gender Researcher )     11 November 2010

You should be grateful to yourself AKSMAT because male is responsible for producing daughter/s. not a female!

Why the existence of an unborn daughter needs to be dragged in,  in this discussion, goes beyond my understanding. Had you been father of your daughter, she would have still remained your child and you would have still loved to share, as Tajobindia has so touchingly put it,  3/4 on your plate with her!


(Guest)

@Tajobindia....Thanks a lot!


(Guest)

Pay the money otherwise you will be booked for the contempt. If you are not satisfied then you should file a review in section 114 CPC or revision in Section 115.

Regards,

Vivek

Tajobsindia (Senior Partner )     24 November 2010

@ Vivek,

Kindly detest from 'must reply syndrom to messages' in peer reviewed Legal advise forums!

1. In S. 125 CrPC suits you can't use CPC as advised by you for god sake that also for revision and or review.

 


(Guest)

Dear Sir,

Thanks for your correction. I agree with you.

Regards,

Vivek


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