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Raj Thakker (Executive)     14 July 2016

Interim maintanance

Hi,

Wife left after 7 years of marriage as her pic got caught with other men. She left with 2 kids after 6 months sent notice for amicable solution and asked for home as well as money subject to failure DV ,498 A etc will be filled .Few points are mentioned below

1)She is B.Com

2)Her incomex-tax return for past 3 years where avg monthly income is arnd 15000.She was on paper acting as consultant and TDS certificate is also there for same in her name and she is also having some interst expense of around 5000 per month from capital which is with one of her uncles firm so total around 20,000 per month income on paper in her name.

3)Take home salary net of tax around 75000 but there are lots of expense as such i stay as tenant in parents home paying House rent by cheque since last 6 years monthly around 20000 per month.

4)Contribution Per month for LIC for wife , kids etc around 10000 per month.

5)Mediclain arnd 1200 Rs per month.

6)Food and other expense say now around 5000 per month.

7)Misc Expense 2000 per month

8)Residual in hand around 36000.

so what is maximum interim maintanance that can be granted to her and for kids as well if she file under DV or 125 crpc??



Learning

 10 Replies

HIRAL THAKKAR (ADVOCATE )     14 July 2016

I doubt maintenance will be granted to her. However for children maintenance can be granted. File for custody and if your wife has left without informing you then you can file restitution application. If there is amicable solution then why there is threatening.

Raj Thakker (Executive)     14 July 2016

What maximum can be granted for childern 7 year and 5 year.Based on her photograph with driver who used to drop my son can i get custody of both my child i have many pics of them and some is as good as like husband and wife..

HIRAL THAKKAR (ADVOCATE )     14 July 2016

Based on your evidence you can get custody for both of your children

Sood   14 July 2016

What is your net income......it will decide wether your wife is entitle for maintenance or not..... it will also includes the income you can earn but u r not earning.......... for further pm me

Sood   14 July 2016

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Mukesh sharma (job )     14 July 2016

HI raj thakkar you did not decide your wife maintaince its alld ecide by court and its depend on condition and if she is working and earning money and have job than she cant ask you for alomoney but she ask for maintaince too your childrean and its depend on court what he deciede and court will check your all income than decide amount 

you show all her income proof and earning money and along with you file case for custody of you children 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 July 2016

The maintenance for the children would certainly be granted. The maintenance would be on reasonable expenses of fee/ education/ books and food etc.

 

In the facts which you have presented the court would ask only you to bear the expenses of the children.

 

Speculation on our part to the quantum of maintenance is not good. I would rather suggest that you on your own start paying the school fee of the children.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 July 2016

The maintenance for the children would certainly be granted. The maintenance would be on reasonable expenses of fee/ education/ books and food etc.

 

In the facts which you have presented the court would ask only you to bear the expenses of the children.

 

Speculation on our part to the quantum of maintenance is not good. I would rather suggest that you on your own start paying the school fee of the children.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Raj Thakker (Executive)     15 July 2016

Hello,

Thanks to all respected lawyers.In notice which she has sent it mentions about mental cruelity and also that i was not taking care of my child , i disconnected her from her parents side.Where as i have all evidence that all allegations are weired as i have outing pics which we use to go every year.I have pics of her cousins wedding as well which has been in period where they have mentioned she was disconnected by us.I have asked for Call log of her which they are not willing to give.I want custody of my both kids , can her this lies of notice v/s my proof help me getting my kids back??

Vibha   17 July 2016

  1. No one can predict outcome of custody battle. Court will consider all your arguments and evidence. 
  2. Put up the best possible case from your side, this is the only thing in your control at the moment.

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