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Deserted Husban   27 July 2015

Maintaence

Hi All,

Wife aplied for divorce and i am in process of filing written statement, Also in the last hearing wife is filed crpc 125 and asking for 30,000 per month(15,000 for the child(2.5 years) and 15,000 fo her). She has stated that my net take home salary is 56,000(revised in 2013) which is true however i never used to get my full salary, it has been 4 years since i have gotten my net take home salary due to i have mutliple medical condidtion,

-Dizziness

-Fractured leg operated with steel plate(used to get swollen every now and then)

-Psoriaris(ithcing, pain and bleeding)

-Depression due to missing the child that was taken away one year ago, Unable to conentrate on job. 

-I a working just to take care of myself and to pay my debts, i averaged out my last one year salary and it showing 37K average per months, from which i have to pay Lodge Room rent -7,500, Food- 6,000, Travel- 6,000, Self care - 1,500 Medicine: 3,000 Emi for personal loan- 5,700, other debts 5,000., Total 35,000, In this case will the court consider my health condition and the expenses to take care of myself and dissmiss the petition filed by wife, i have all proof for the above. Please clarify. 

Also, I am just a B.sc graduate, but my wife is an B.E in IT, from 2008 to 2011 she was working and was earning about 19K per month, however she has stated that she is unemployed and so she is not able to take care of herself and the child. 

Thanks in Advance

 

 

 



Learning

 3 Replies

Amit   28 July 2015

Dear Friend,

I am not a lawyer, but recently my friend get rid of providing maintenance to his non-working wife as her wife was MBA and my friend is only B.Tech IT. Court has decided that the girl is educated and simply can’t sit at home for rest and may search a suitable job for her well being.

Further, in case of child maintenance I would like to request other friends to respond as I am also passing through the same phase and in my case I am ready to take the custody of child as well, if court grants.

Thanks,

Nitish Banka (lawyer)     28 July 2015

Dear Sir,

 

there are judgements if she is capable of earning then maintainence is denied.

Thanks & Regards,

Adv Nitish Banka

9891549997

SAINATH DEVALLA (LEGAL CONSULTANT)     28 July 2015

Qualified wife cannot sit idle and claim maintenance according to Bombay HC judgement given in Feb 2015.


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