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amit   02 August 2015

Interim maintenance question

I live in USA, 2 years ago my wife ran away with our 3 year old son in my absence from USA to India. Now she has filed for divorce and interim maintenance. She filed both cases in March, 2-3 dates have passed, my lawyer just submiited his "Vakalatnama" in the recent date along with application to reject my wife's petition as she had filed the case after 1 year 10 months and not after 2 years. He has not yet filed a reply to her charges, he will do that in the next date. In the recent date the judge said that in the next hearing he will decide on the interim maintenance case if we do not come to some mutual agreement.

My question is:

1. I am not sure if the judge will pass an order on maintenance in the next date or will start the hearing on the interim maintanence case. My lawyer says the judge will begin the hearing, but cant guarantee 100 % and said the judge can decide anything. My wife in her petition has mentioned a wrong inflated salary (of mine) before taxes. Also she is highly qualified and can work. We have not even filed a reply. So please advice, on the next date will the judge pass an order on maintenance or will he begin hearing?. The court has not heared anything from my end yet.

2. My wife has mentioned in her petition that my salary is Rs 6 lac per month (in Indian rupees) and asked for a maintenace of Rs 2 lac per month. After all taxes, the salary deposited in my account is Rs 4 lac per month and I have equally high expenses here, my rent itself is Rs 1 lac. Realistically, how much will an Indian family court (in Ahmedabad) fix the monthly maintenance in this situation, when husband in earning in dollars and wife is asking for high maintenance but living in India ?. I am thinking, our marriage was done in India, so the maintanance should be based on India, even if I stay in USA. Her expenses are far less in India than USA.

3. My wife's lawyer has indicated that my wife may agree to MCD if I pay her 25-30 lac. But Iam more concerned about my son. She is not allowing me to speak with him or my parents in India to meet him. I can agree to MCD provided she allows my son stay with me for a month in vacation, and allows me to talk to him monthly and alllow my parents who live in Mumbai to meet him 2-3 times a year. I know she will not agree to this. What is the maximum I can get as far as custody and visitation rights by court?

4. In this situation, is it better to for me to settle the case now or fight the case, see how much the court fixes the maintenance? I don't want to divorce her, but I think we can settle our not so big issues, but my wife is very unreasonable and wants only divorce. I am surprised that court will first not try for both of us to reconcile and focus on the interim maintenance case directly.

5. If I fight the case and pay her the interim maintenance, will the court grant visitation right for my parents? I am advised not to come to India till this case is going, because my wife can file charges against me and create problem for me to return to USA. I am working in US on H1-B visa.

Please adive on both above questions. I really appricate your time and advice.

regards

Amit



 15 Replies

laxmi kant joshi (instructor)     02 August 2015

It will be better for you both to settle your matter amicably with each other for the sake of your son 's future and for your married life , you can put pressure on her from your both sides of common relatives, elders, middleman, common friends etc and try to save your married life, on the next hearing court can grant her interim maintenance it is its discretion power, final maintenance will be fixed lateron after your reply /objections, you will get chances to give statements and evidences to make your case strengthen, for divorce court will give you ample time to reconcile your matter, for that your matter will send to counsellor/ mediator where you both can reconcile on your issues, therefore if you don't want divorce tell the court you don't want divorce and wants back your wife with you, if she will not ready to ´┐Żohabitat with you then go for mutual consent divorce and in your mou for mcd put all your conditions as you states above, take help of your lawyer while meaning mou for MCD .

(Guest)

You want to clear IA balance and your parents want to meet child?

What connection?

Act responsibly. You are only like this, donno what your kid is going to be ! Better start taking responsibliy for your actions than putting blame on someone else, coz of you both why should kid suffer?

Need Help   03 August 2015

Wake up Sir, you said youare earning 4L Per month, on that basis court will grant interim maintenance of min 1L per month. If you contest the case it will go On for mimimum 3-7yrs. Do you want to pay her monthly interim till the time she dies ????????

If she is demanding 25-30L one time, just give it and get rid of the lady (whom you say is unreasonable and doesnt wish to reconcile with you). From what she is asking she seems to be very reasonable considering you have a child also. She should have demanded nothing less than a Crore.

Dont let this case go to the court im telling you, she might change her game plan once she knows she can get 1L per month from you. Mediate and settle the matter at once, you may even reconcile with her. Dont spoil your life, pls keep egos aside.

Regarding child visitations have you put across your expectations to her ? do that only then you will know whats on her mind.

 

 

amit   03 August 2015

Thank you all for the advice so far.

All my wife wants is divorce because she had very high ego, also she has depression and other mental issues. My concern is my son. Her demand was 1 crore, then her lawyer came to 50 lac, now it seems the case ill be settled for 25-30 lac, but I am not sure 100 %. My wife does not want me or my parents to have any access of my son.

Helping hand - What do you mean by AI balance?

I will live in USA for 1-3 years more only because my parents are getting old and I have to take care of them. I am being advised not to come to India till this case is going.

My wife is from Ahmedabad and I am from Mumbai. I am willing to settle the case for Rs 25-30 lac if she allows me to spend 1 month with my son in summer vacation with me, and allow my arents to visit him 2 times a year. I think she will not agree to this. What is a reasonable visitation right to expect?

Is there any point in filing parental adbuction, child custody case in US?. Will Indian court entertain US courts verdict,

amit   03 August 2015

Need help - Sir, are you sure the court can grant Rs 1 lac maintenance?. I can understand that high maintanece if she was living in USA, but she is living in India. I am able to live only a normal life in Rs 4 lac salary here, Rs 2 lac is just my rent and travel and food expense, plus I have to support both my parents , grand mom and aunt who are entirely relying on me. Rs 1 lac/month in India is luxury.

Need Help   04 August 2015

Amit, you need to file reply to your wife's interim maintenance application. You need to ensure you list down all your expenditures (US Standards) , loans, liabilities etc to get your net income as low as possible. 

Has your wife given any proof of your income to courts ??

Remember net income (which will exclude your legitimate expenditures )/3 = Interim Maintenance . This is a rough calculation. Yes courts should consider the fact that you earn in dollars and not in rupees. You need to state the difference in standard of living and expenses considering US standards. 

 

Not submitting a reply to IM can go against you , the laws are in favour of women, your wife's lawyer can submit a "NO SAY " application asking the court to grant the IM straight away without hearing you due to delay from your side. Judge can act and take any decision on that date.

 

 In your original post you mentioned rent as 2L and in other post you said 1L, pls do not make such confusing statements in the court.

 

If you cant submit a reply (though you SHOULD), then submit an application asking to give you time as you were abroad and need time to consult lawyer etc. Remember in the courts do not go without your lawyer. Refuse paying hefty maintenance, emphasize that your salary is inflated and misrepresented by wife and court should rely on details you will submit in your IM reply.

 

Dont get emotional about your child and admit to pay hefty maintenance for child............take steps legally. 

 

I still suggest firmly go for MCD, you are in an unfortunate situation. A LOT depends upon your wife regarding child access so dont get too emotional. Accept the fact that your child will not stay with you due to the divorce. What you are asking if you get will be a bonus, or else just accept the situation and move on.

 

 

 

amit   04 August 2015

Need help,

Thank you for the advice.

She has submitted my 2011 pay stub as proof in court.

Do I have to submit seperate replies for divorce and maintenance or just one reply for both?

The next hearing is in mid September, should I submit my reply before that date in court or on that date in court. I was not finding a reliable lawyer is a fact as I live in US and am originally from Mumbai, and case is in Ahmedabad.

Will filing a parental abduction case in US help me in any way? May be to get better staying/ visitation rights or lower the money i have to pay her. There is a chance I may permanently come back to India in Feb 2016.

indranil saha (lawyer)     05 August 2015

sir my it returns shows 8600/= per month but the district judge given maintenance charge 7000/ month to my wife and child, and litigation cost I have to pay rupees 15000/= within the next date, in between I have applied a civil revision before hon'ble high court Calcutta...it is filed but my luck it goes to the monthly list and not heard at all for a single time it is in the monthly list....what I will do in between,before next date ??? I will inform lower court that the matter is pending before hon'ble high court or I have to pay the money as usual amount of (3000-4000) which I am paying voluntarily every month for the last 1.5 years, because the amount decided by the district judge is impossible for me to pay. please sir reply as soon as possible

regards

 indranil saha


(Guest)
Originally posted by : indranil saha
sir my it returns shows 8600/= per month but the district judge given maintenance charge 7000/ month to my wife and child, and litigation cost I have to pay rupees 15000/= within the next date, in between I have applied a civil revision before hon'ble high court Calcutta...it is filed but my luck it goes to the monthly list and not heard at all for a single time it is in the monthly list....what I will do in between,before next date ??? I will inform lower court that the matter is pending before hon'ble high court or I have to pay the money as usual amount of (3000-4000) which I am paying voluntarily every month for the last 1.5 years, because the amount decided by the district judge is impossible for me to pay. please sir reply as soon as possible

regards

 indranil saha

If these are the figures for which you are running to court, then you should not have gotten married. Either you should have learnt the art of controlling your WIFE or should not have gotten married. Marriage is  big business especially for the women these days.  Just a maintenance case they file can get them lakhs of rupees whch they dint even see in lifetime. With this kind of income you should not have got married at all in the first place,

Now what is done cannot be undone, do one thing, go to court and tell that you have gone for appeal in HC, and buy some time, if HC does not reduce your IA etc you better seek compromise and take wife back or join back with wife, yeh court ka mamla he, agar paise nahi de sakte toh biwi wapas lelo aur adjust karlo warna jail jaane ki sambhavna he, Agar jail jaane se darte ho toh court mat jao, dont get caught, thats all.

Born Fighter (xxx)     07 August 2015

You need to file seperate reply to her interim maintenance application and for written statement (divorce). Find a lawyer soon as you need legal assistance. You have to submit replies within the timelimits or there are chances court may not accept, if opposite lawyer takes objection for delay.

Leave your job and come back to india and declare you are jobless. this will help reduce your maintenance pay. You need to do this carefully by consulting your lawyer.

However you seem adamanant and hell bent on wasting your time running to court for next 3-7yrs. Why dont you give her money (25-30L) and buy peace. you are earning 4L per month. What your wife is asking is LESSER than a years salary ??????????????????????????

 

 

amit   07 August 2015

Born fighter,

Thanks for the advice.

The question is not of only money, it is the question of our son also. Doesnt he need father's love and guidance?. Just because of stubborness of my wife she is spoiling her and his future. She wants me to have no access to our son, her lawyer has indicated he will convince her to allow me to meet him at her home once in a while, but I don;t think that is sufficient. Also I may return to India in 1-2 years due to my parents health, so I need to save some money before I come back.

Born Fighter (xxx)     08 August 2015

I will give you one solution , now that you say money is not the only problem.

Look your wife is asking for 25-30L , you offer her 50L with a condition that 50-30 = 20L will be deposited in bank as FD in name of your child on a condition that your wife accepts terms on visitation/access, this FD can be withdrawn by him once he turns 18/21yrs. Make this a legal agreement with penalty in case wife does not adher to terms agreed. You be the nominee for that FD. If your wife is greedy / considerate she will accept your terms on visitation /vacation access.  OR you may work out anyother option.

Remember, you both (NOT COURTS) can solve this problem through proper communication. LEAVE EGO'S ASIDE. 

amit   08 August 2015

Thank you Born fighter.

T. Kalaiselvan, Advocate (Advocate)     12 August 2015

She has filed a divorce case as well as interim maintenance application.  Well what prevents you from contesting the same?, She may come with any amount of lies against you but it becomes your duty to defend the allegations levelled against you.  If not it will be deemed that you have done all those cruel acts on her as alleged in her petition.

If she is ready for a compromise and divorce thereon for a sum towards settlement, you may weigh the options and probabilities accordingly including your proposal to visit your child by an agreement and to have it decreed by the court judgement. 

As far as grant of maintenance  is concerned, there is no yard stick to measure the quantum but the facts of your income and its corroboration with documentary evidences by your wife side will be vital factors to decide the amount to be ordered by court, however you can give a tough fight denying her allegations and may ask her to prove them. 

Look for  a prudent and expert lawyer who will bring you out of the crisis. 


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