Masterclass

maintenance


Hello Experts,

I am a retired naval officer and my daughter is currently going under matrimonial turmoil ending her relationship with a person who says he is working in his dad's/uncle's busineess.

My daughter was thrown out of the house as my Son-in-law had a illicit relationship with someonce and my daugher caught them redhanded

We have put divorce on the grounds of illicit relationship & crullty

Currently the agruments for mainteneance are about to start 

We made an application to disclose his ITR business details prpperty details bank details investment details etc and the reply is as follows

he states all the 5 business he carries are not his and he is meare an employee in 1 company earning 20000/- rupees.

he states that all the businsess are carried by his father and other companies are held  by his uncles.

he has produced 3 years ITR disclosing salaried income.

he states that he has no vehicle or property in his name

he also states that he has only 2 bank accounts.

In relality he has several bank accounts & investments in his name. he also runs all the 5 companies as the Inlaws are old and they are fit to carry business individually. 

I need guidance and help how to produce before the court that he should be earning atleast 1 lakh per annum. My daughter has decided that she does not want any maintenance but for their child who is studing in international board since last 6 years atleast the court should concider the child's expenses to be borne by the father so that it would be less taxing on my daughter. 

We have tried to sit with them mutaly and settle the matter with atleast child expenses but he is admant what should i do. 

U all experts need u rserious guidance & help

 

 
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xxx

lwho is that SOMEONE whom your daughter has caught redhanded. If its redhanded then you should have evidence, if you dont then how will you prove he had an affair/physical relations with other women ?? 

 

He must be adamanant to offer a one time amount based on his income docs submitted to court.

 

If he has filed 3yrs ITR legal documents and if you have no proof to show details of his assets or that he is a Director/owns the companies in his name then the court will grant maintenance @1/3rd of his net income.

So when you ask for a one time settlement amount you need to be reasonable if you want the matter to get over fast.

Or else roam around the court for 4-6yrs and see if the husband surrenders and gives you money as per your demand.

 
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Systems Engineer

Hello Hemant.

If your son-in-law has extra marital affairs, then your daughter should get punishment for him.

If your daughter has lost all love and trust for her husband, she should divorce him.

But ... your daughter has a 6 year old daughter. That 6 year old gild should be the subject here.

Like your daghter gets help from you at this adult age, that 6 year girl needs her father.

Like your daghter gets help from you at this adult age, that 6 year girl needs her father.

Like your daghter gets help from you at this adult age, that 6 year girl needs her father.

So, please stop counting the amount of money and the property your son-in-law has.

Count the dignity and the good future life for your beloved grand daughter.

Your grand daughter cannot speak for herself and demand that she lives safely, securely and lovely with her dear father.

So, please throw away all the legal route for ever and talk to your son-in-law to save this marriage.

Save this marriage for the benefit of your grand daughter.

Till that time, guide your daughter to live with dignity and earn for herself and daughter instead of expecting money from a person who has extramarital affairs.

 
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A man would mostly not look out unless he is content, satisfied and happy at home, both emotionally and physically. Onus for man's happpiness stays as much as (and may be a little more) with his women as it stays with him. Ask yourself as a man (not as a father), and you may answer this to yourself..

Breaking a home is a rather easy job than making a home, and it sure does take two; Answer is clear if u (and daughter) avoid challenges and prefer things at ease; yours to decide!

 
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Bangalore

Child maintenance or wifes maintenance will be granted commemnsurate with husbands income and also wifes income, other things considrered is lifestyle of both people, though parents want to give children best education in costly school, it mainly depends on decision of both parents as to which school the kid should be put into.  In this case, girl is with wife which is your daughter, and already going to costly school, so your daughter is equally responsible to contribute towards the kids education.  Means for that would be not your chequebook but she should genuinely try to find job, earn money rather than you wanting to show to court that your son inlaws income is 1 lac per month.

 

As your son inlaw is private employee, nothing much can be done to prove that his income is one lac and above even if he is really earning so.

 

You may get hold on his pass books and also get someone to confess in court that he earns so and so money.  But eitherways there is a  catch, which is that he is private employee, at least if he was working in some company, you could have gotten details of his income.  But this is nearly impossible.

 

I dont wish you bad, but how long will you live and how long will you take care of your daughter?  I am sure hers was a love marriage and thats the reason why you have not even tried to address this person as son in law, that itself shows why your daughter is here at your house.which is becoz of your pride that you are a naval officer and your daughter is naval officers daughter and he is good for nothing.  But all things cannot be measured like this, it is just time that your own daughter will start repenting for the decision she has taken.  Better send her back to her husband along with her daughter and you lead your own life.

 

By supporting your daughter you are destroying your granddaughters life.  Think over it.

 
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housewife

Hemant,

1.Do you know your son-laws bank accounts numbers. If yes, you can get those bank statements and submit them as evidence of his income.

 

2. Do you know your son-in-law's property and vehicle details. If yes, you can get a certified copy of the vehicle RC from the RTA office and a certified copy of the property registration documents from the Registrar office. Use the RTI act. You can use these to show that your son-in-law's income has to be more than 20,000 to be able to afford to buy these.

 

3. Was your daughter working when they were living together as well. Who paid your grand-daughter's education expenses then and how much. If your son-in-law has always being paying the same, it means the 20,000 is worng and he earns enough to pay for her education expenses and he will have to bear the same. Please submit evidenc of his payments before the couple parted.

 

4. Do you know your son-in-laws credit card numbers. if his credit card spending habbit does not match his alleged income of Rs.20,000/-, then you have proved it that he earns more than that. you can submit those also as evidence.

 

5. Has he sold any property in last 3 years. If yes, has he shown the corresponding capital gains in his ITRs. If not, you can get evidence of the sale of proeprty from the registrar office and prove that as the same are not reflected in ITRs, the ITRs he has submitted are not genuine and that he actually earns more than 20,000/-.

 

6. You need to think further. Money cannot vanish in thin air just like that. Where is he putiing his earnings. Please think. I dont think he is just storing all that money in his almairah at home. He is investing or spending it somehwere. Find out where. Once, you know where, getting the evidence of the same shouldnt be  a big deal.

 
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xxx

Mr Hemant, 

 

If your daughter is also earning sufficient & it seems she is from your post then she cannot claim maintenance for herself as per law. Since the daughter is voluntarily not asking maintenance for herself im concluding the same.

 

 

Now you are trying to claim high maintenance for your grand daughter by benchmarking husbands salary as min 1L (for which you do not have any Evidence/ proofs). The courts will order 20k/3 = 6k to say max 10k at outset as maintenance for your grand daughter.  

 

How much does a small child need as maintenance, have you done any calculation and will you be able to prove to court the various heads of expenses which you forsee for which you want a higher maintenance for the Grand daughter ?? Can you share what is the one time amount you asked from your son-in-law for your granddaughter , which he is refusing ??

 

No matter whatever efforts you take to disclose his income will not yield interesting results for you to claim HIGH maintenance by claiming husbands salary is min 1L. Resorting to illegal means for extracting income/Financial details will backfire legally.... your son-in-law looks like a clever and manipulative person who has managed ITR for not just a year but for 3yrs, so do not understimate him.

 

I suggest go for MCD. Ask for a reasonable and justified one time settlement amount for grand child and buy peace for your daughter & grandchild. Fighting legal battles will take away min 4-7yrs of your life with adverse effects on the Grandchild. Allow the son-in-law to be a part of his childs future then he will agree for high amount or else he will not give up easily.

 

 

 
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