Ponarumugam (Executive) 09 February 2018

Interim maintenance

Dear All,

Initally I applied for Null and Void under U/S 11. After 6 Months, Wife filed RCR against me. Both the cases in different court and now family court ask both of us to combine both the cases and we also agreed for that and it is in the process. Mean while, wife applied for Interim Maintenance under Cr. P.C 125 asking Rs.20000 per month. My monthly salary (both net and gross are same) is Rs. 15000 per month. Salary statement are produced in the court. Based on my performance, company (Pvt ltd) gave ex-gratia of Rs. 50000/- in the month of January, March, April , Rs. 30000/- in the month of June and Rs. 40000/- in the month of November respectively. For that I have paid Income tax.

My lawyer states that even though I filed under U/S 11, I have to pay intermin maintenace till the verditct. So, I voluntarily agreed to pay Rs. 3750/- per month (25% as per suprement court recent judgement in other case). She is not ready to accept and she ask Rs. 20000/month.

My questions:

1. How does intermin maintenance are calculated?

2. Since ex-gratia is given by the company for my performance and it may or may not, depend on the project and my performance. Will the money also be considered?

3. Even if my salary statement is submitted to court, does the court consider or not and it calculates on the ex-gratia amount also.

Pls reply. Need urgent advice, each and every money are struggled and got it. So depressed!

Reply Follow

8 Replies

TGK REDDI 09 February 2018

Interim Maintenance has less to do with your salary. It's granted only for her livelihood and perhaps Rs. 2, 000/- will do.

Kumar Doab (FIN) 09 February 2018

If you are asked to provide evidence, state on record, sign any affidavit, submit salary slip……………….post facts.

Rest if you have approached a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record… then ask your lawyer in person.

Kumar Doab (FIN) 09 February 2018

I am sending you a few links and you may pick up the relevant points.

TGK REDDI 10 February 2018

It's easy to suggest the Questioner that he should bring his wife back.

Adv Radhika Mehta (Advocate) 13 February 2018

Originally posted by : Ponarumugam

Dear All,

Initally I applied for Null and Void under U/S 11. After 6 Months, Wife filed RCR against me. Both the cases in different court and now family court ask both of us to combine both the cases and we also agreed for that and it is in the process. Mean while, wife applied for Interim Maintenance under Cr. P.C 125 asking Rs.20000 per month. My monthly salary (both net and gross are same) is Rs. 15000 per month. Salary statement are produced in the court. Based on my performance, company (Pvt ltd) gave ex-gratia of Rs. 50000/- in the month of January, March, April , Rs. 30000/- in the month of June and Rs. 40000/- in the month of November respectively. For that I have paid Income tax.

My lawyer states that even though I filed under U/S 11, I have to pay intermin maintenace till the verditct. So, I voluntarily agreed to pay Rs. 3750/- per month (25% as per suprement court recent judgement in other case). She is not ready to accept and she ask Rs. 20000/month.

My questions:

1. How does intermin maintenance are calculated?

Under the HMA, it is not about equaling the income of the husband and wife but for providing income which is necessary for survival and support. For that income of both the parties, standard of living, financial liabilities etc are considered.

2. Since ex-gratia is given by the company for my performance and it may or may not, depend on the project and my performance. Will the money also be considered?

Yes, as it reflected in your bank account, your wife will highlight the same and bring it to the attention of the Court.

3. Even if my salary statement is submitted to court, does the court consider or not and it calculates on the ex-gratia amount also.

The Court will consider both.