Interim maintanance for wife under sec 125

Dear Ms Pooja, 

In my opinion the it is not the expendutire which is relevant to decide the maintenance but the income capacity. Thus, what EMI your husband is paying is not relevant for deciding maintenance. However even if for the sake of arguments it is admitted that the court will consider the expenditure, the same has to be on record i.e. duly proved by reliable documents. If not proved, the same is always subject to challenge by you. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

Dear Ms Pooja, 

In your query you have stated that husband has filed affidavit but not the documents relating to home loan and personal loan. Please note the following:-

1. Interim maintenance is only an urgent relief and not final. The court will decide final maintenace after going through the facts of case.

2. In maintenance cases, one of the most important factor is the income of the husband. Greater the income greater the maintenance. 

3. If the husband has filed affidavit stating home loan and personal loan but has not produced evidence for the same, you can always plead before the court that there is no loan as no evidence has been brought on record by husband. 

4. Thus your maintenance would be without giving any deductions for loans. 

I hope it helps. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh