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venkat (business)     11 March 2013

Maintainance payment .. ?

Respected Members,

I have filed Divorce petition and my wife filed for Interium alimony. She is asking for Rs 30000/- for her and my 3 year daughter. That include Rs 10000/- for legal charges. My gross salary is Rs 51000/-, and take home is Rs 37000/-. My deductions include PF, TDS, persoanl loan EMI, Voluntry PF. Also i have another personal loan where iam paying Rs 8500/- EMI. Altough my father is pensioner, I am contributing Rs 10000/- towards my parents expenses. My wife is un employed and she had not completed her graduation. Please guide through the said points :

1. what will be maximum amount can court grant.

2. what are the standrad deductions court take into consideration.

3. will court consider the expenses towards my parents.

4. I am willing to pay the IA, but want to teach her that for earning money one has to really work hard( she left me demanding for seperation from parents and total control of finances ).

5. what can be the counter points for me to raise against me.

Please guide me, as my lawyer is a junior one and the wife's lawyer is a very senior lawyer. I have to buid my own case and had to give inputs to my lawyer.

Also please enlighten me "For the IA, the wife would have filed an application that she needs money, now when the IA is ordered, it needs to be paid from the date of the application. For eg: if the alimony application is given on 22-2-2012 and said application is allowed in subsequent months, the alimony payable to the wife is calculated from the date of application. Such application needs to be given at the completion of one year, which means to say, every year a new application need to be given. The amount fixed as IA would have been fixed based on the situations of that particular year. So dont keep paying money blindly into her account. After divorce is granted, husband has to pay peramanent alimony, here once again wife has to give application on an yearly basis. "

Thanks & Regards.


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