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Shivaji (Seaman)     25 July 2015

hw much maintenance I have to pay

Dear experts, I married on 10 may 14.I filed for anulment in may 2014.there is no child due to wedlock. As we seperated 3 days after our marriage due to her affair with other guy. She filed for maintenance and DV against me in mar 2015. I am govt employ getting 24000 per month to hand from 32000 after deductions and debits. However, among 24000 i hv to clear interests for money brought by my parents for my marriage and sisters marriage held on the same year.I am facing critical situation as my matrimonial life failed and loss of money for marriage organised by my parents with our expense. I kindly request you to answer my few questions mentioned below: 1. How much time the court will take to pass order to give maintenance to her and what are the process it will take. 2. How much maintenance I have to pay her monthly. She is claiming 25000 pm as maintenance and 3k for house rent. On ground she is residing with her parents and also she mentioned that I am getting 50000 pm and having 50 lakhs property which are false. I am ready to submit my pay slip. I dont have property at all except the own house we are residing that us in the name of my father. 3. If my salary increase nxt year what will be the status of my maintenance rate. Thanking you


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 8 Replies

Nitin (marketting manager)     25 July 2015

She can ask for 5 lakhs of maintanance also,its her wish

but judge will see all these conditions that you have listed

usually 1/3 of the salary will be given for maintanance of spouse,

since you do not own any property on your name [House,lands etc] you do not have to worry about it.

above all if you can prove that she has affair and married you its a cheating case you can file for bigamy, but you need proper proof's voice recordings, video recordings ,if proven you will not be entitled for any kind of maintanance,

you have not mentioned her qualification, refer to other threads a qualified wife is not entitled for any kind of maintanance.

Rgds,

Nitin

sai narayana   25 July 2015

Sorry for interfering, Dear Nitin, can you clarify the 1/3 salary as maintenance is on gross or net salary and can we show any regular deductions outside of the payslip like personal loan/housing loan etc?

(Guest)

1/3rd of take home salary.  total salary minus PF ESI insuranceVAT etc = 10000 minus expenses such as loan on car, moped, scooter, flat, medical expenses = Take home salary.  On that 1/3rd can be awarded.  But sadly these days the court wont see this much, they simply see job of husband, clothes that he wear, educational qualification which company he works and simply give off what wife has asked.  Wife hask 15000? has 1 kid? Take 18000. wife unpad gavaar and has two kids, 10000 for her 2000 for 2 kids, take 12000.  

 

Uske baad suru hota he ghoomo court.  These courts wont decide maintenance for 3 years and suddenly will ask husband to pay 15000 x 3 years arrears or will issue warrant etc.  From where will the husband pay such huge amount?  Dont hve money?  Take wife back is the sutra of the courts !.

 

Donno when will laws be changed in our country :@

SAINATH DEVALLA (LEGAL CONSULTANT)     25 July 2015

Maintenance  shall be awarded by the court according to the present financial status of the husband,not only salary but also income from other sources.

sai narayana   25 July 2015

If we have burden of looking after our parents, can we claim reduction in maintenance? If wife is more qualified than husband and can be a earner if she desires, can we seek further reduction?

Shivaji (Seaman)     25 July 2015

She just completed her 10th class. I had a proofs of mobile call recording recorded in my smart phone. And also the dislike behaviour and actions in our maariage video tape. The bank statement of rs.90000 I had transfered money to her father before marriage. The voice record of her and her family members abusing me and my parents she mentioned that she was not intention to marry me it was done by my request otherwise she ll not marry me. These proofs are enough to reduce maintenance.

Shivaji (Seaman)     25 July 2015

She just completed her 10th class. I had a proofs of mobile call recording recorded in my smart phone. And also the dislike behaviour and actions in our maariage video tape. The bank statement of rs.90000 I had transfered money to her father before marriage as they need money during the marriage.The voice record of her and her family members abusing me and my parents she mentioned that she was not intention to marry me it was done by my request otherwise she ll not marry me. These proofs are enough to reduce maintenance.

Shivaji (Seaman)     25 July 2015

She just completed her 10th class. I had a proofs of mobile call recording recorded in my smart phone. And also the dislike behaviour and actions in our maariage video tape. The bank statement of rs.90000 I had transfered money to her father before marriage as they need money during the marriage.The voice record of her and her family members abusing me and my parents she mentioned that she was not intention to marry me it was done by my request otherwise she ll not marry me. These proofs are enough to reduce maintenance.

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