eswar kumar (des) 02 February 2016

Maintance counter - working in usa.

Hi Sir,

My wife filed 498a and DVC on 10 memebers and harrassed more than 2 years.we are all got acquittal judgement in Jan 2015.
I filed divorce case in April 2015.I went to US in July, 2015.
My wife filed HM act 24 (maintanance) in September 2015 and stated that I am earning 2 lac doller per year and she is asking 1.5 lac rupees per month as maintance. but I am getting only 40 thousand dollers per year in hand.

I got conditional order that to appearnace in court immediately.
I told to my US employer that my wife's health is not good and need to go India. I didnt tell about my cases. I submitted resignation also. but my employer didn't accept my resignation and gave me 4 weeks vacation.
My wife dont know about my US employer name and where I am living in US. I dont have any other properties.
my lawyer is specifying my US employer name and address in the HM act 24 counter
But I dont want to specify my company name and address as it gives bad reputation to my employer (my in-laws devils will send mail to employer about all these cases. They did same thing when I was working in India).and which gives very bad immpression on me and I may lose job also.
I dont worry about job loss , but bad impression is my concern.
My lawyer told me that "your wife specified that your in US and passport will show your travel to US".
So,judge will ask about your employer. so We need to specify the employer name.

what are the best ways to hide my employer name. and also I want minimize maintance amount to my wife.

Thanks a lot

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4 Replies

Vijay Raj Mahajan (Advocate) 02 February 2016

The income of husband can be shown through the income tax returns or the salary slip as the case may be, no need to specify who is the employer or company with which he is working. What is important to know the actual income in hand of the husband after all the legally deductible expenses from which he can be asked to financially support the wife.

Tell your lawyer to place on record of the court your income tax returns for last 3 years, current salary slip and income expenditure audited report for the trail judge to decide what amount you have in hand out of which the wife if has no income or source of income can be financially supported u/s 24 HMA by you during the pendency of the divorce proceedings u/s 13 HMA.

eswar kumar (des) 02 February 2016

Mrs Renuka Chowdary madam,
Thank you very much for your excellent suggestions.

I am 100% sure that my wife dont know about my employer and my US residential details. If she would know, my in-laws definetly send email to my employer. still now, my employer didnt get any email. I need to submit the counter in 2 days and as time constraint, I cant change lawyer now. My lawyer is planning to add some fake company(which is almost inactive) name in counter.

I can't tell like I was not in US, because my passport has travel entries. how about giving fake company name??

Thank you very much

Adv Rachna pandey (Practice) 02 February 2016

Namashkar!

the crux is in Ms Renuka message " find a twisted lawyer..."

if law is women favouring pay the monkeys who can swing better. Don't be moralistic your ex is doing the same and if she is from Delhi most likely a group of Lawyers who work on commission basis would be running her show.

be savy and think beyond. This dv or 498 isn't game of chess it is breaking bad!!!

SuperHero (Manager) 03 February 2016

Originally posted by : eswar kumar
	Mrs Renuka Chowdary madam, Thank you very much for your excellent suggestions. I am 100% sure that my wife dont know about my employer and my US residential details. If she would know, my in-laws definetly send email to my employer. still now, my employer didnt get any email. I need to submit the counter in 2 days and as time constraint, I cant change lawyer now. My lawyer is planning to add some fake company(which is almost inactive) name in counter. I can't tell like I was not in US, because my passport has travel entries. how about giving fake company name?? Thank you very much

I really appreciate the views or replies of Vijay Sir...

Judges are not dumb people. If they find that you are lying..then you have to pay for the consequences.

Is 40K dollars after your taxes??

Why don't you show Apartment Rent, Bills and then also show your Parents are dependents.

If there are any Outstanding loans and EMI's that need to be paid.

If your Wife is educated and had worked in the past. This will also help you. Show or Notify the court with a Prayer that she was working and so on...

It is better to negotiate with your Wife...pay one time lump sum amount and get rid of the head ache...through a third party or negotiator

Here is my reasoning for it...

1. You are always worrying about 498a or other cases and spoil your health.

2. Travel cost from USA to India..

3. Your Parents health and your family members...

4. Roaming around courts...

5. If you Save all the time..you may invest the time into your career and again earn the money, but not health and time..

The rest is upto you. Wish You Good Luck!!!!