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Raj Thakker (Executive)     14 July 2016

Maintanance

Hi,

Wife left after 7 years of marriage as her pic got caught with other men. She left with 2 kids after 6 months sent notice for amicable solution and asked for home as well as money.Few points are mentioned below

1)She is B.Com

2)Her incomex-tax return for past 3 years where avg monthly income is arnd 15000.She was on paper acting as consultant and TDS certificate is also there for same in her name and she is also having some interst expense of around 5000 per month from capital which is with one of her uncles firm so total around 20,000 per month income on paper in her name.

3)Take home salary net of tax around 75000 but there are lots of expense as such i stay as tenant in parents home paying House rent by cheque since last 6 years monthly around 20000 per month.

4)Contribution Per month for LIC for wife , kids etc around 10000 per month.

5)Mediclain arnd 1200 Rs per month.

6)Food and other expense say now around 5000 per month.

7)Misc Expense 2000 per month

8)Residual in hand around 36000.

so what is maximum maintanance that can be granted to her and for kids as well if she file under HMA or 125 crpc??



Learning

 2 Replies

Khush   15 July 2016

if she has 20000 pm income as per her income tax returns then she will not be awarded any maintenance. kids may be granted 10000 pm total for both. 

make a strong point of her leaving ur home at her own will, argue on her pics with other man. and if she sent notice to u for amicable settlement, it means she does not want to stay with u also.

u hv strong points, just u hv to argue better, and hv a good reputed lawyer. do some homework like reputation checking of a lawyer before u hire 

Raj Thakker (Executive)     15 July 2016

Hi,

Thanks Mr.Khush Even though in notice it is mentioned as amicable solution but there are weired allegation such as she was subject to mental cruelity by me and my family , i was not taking care of childern etc , where as i have lots of evidence of going for outing i mean out of town every year etc.It also mentions she was disconnected with her parents house by us where as all her cousins wedding pics are there with me,so in case needed can i use that notice along with evidence to fight that she has sent me notice where there is no truth and allegations are weired nature just to some how get divorce??Her pic is like husband and wife with that driver i have 5-6 like that will that help??


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