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Parityakta (QC)     02 November 2012

Maintenance amount

Dear experts,

I married a girl, who is my close relative 2 years back, in a simple way at a temple without any dowry etc.

She has doen her B Com degree not working after marriage and am a Diploma Engineer, working in Gulf region for the past 6 years.

Both of us were in good relation for the initial 5 months. While i was in gulf, she was not talking to me properly over phone and whenever I came back from the gulf on my vacation she  never loved me as before.  All these because of her mother and sister, who were constantly washing her brain, in order to snatch all my earnings towards them. Meanwhile we had a baby boy and now he is one year old.

I even begged her to come with me live  in Duabi, for which she completely refused to stay/live with me anymore and only thing she need is money from me.

Having ged up of all these, I addcited to alchohol whenever I came to India (my vacation is not more than 10-15 days per 6 months). (Of course, before this also I was driniking, but not that much).

Eight months back I filed a divorce case and she also agreed for the same. During counselling stage she alleged that because of my drinking habit only, she is begging divorce from me and planning to demand a hefty amount, as I'm working abroad.

Now, my question is,

  1. How much amount I may have to give her as maintenance cost?

        2. Since my ALL jobs in abroad till now are always project based and have no gurantee of the job, how

             to    pay her, if I become unemloyed, after my each project? (my unemployment period will be 3-4 months per year)

        3. If I wish to pay her a lumpsum amount, what could be the approximate amount (She is demanding 15

            lacs. and I'm earning nearly INR1 lac per month, net salary)

My lawyer is also not co opeartive with me, i.e. he is not giving me any advice /suggestions in this regard., even though I have paid him full fee of INR25 000.

Kindly advice, as this month 5th I have to attend the court in Bengaluru.

Respectfully,

ANK

 

 

 

 



Learning

 10 Replies

stanley (Freedom)     02 November 2012

Never pay a lawyer the full fees 

Reason being as he has got his entire fees he is least bothered about your case had you paid him per hearing basis he would have  taken interest in your case as he knows if he attends your case he would be paid .

Meanwhile visit Bur Dubai temple and pray for your de- addiction of alcohol or either way you can do a lot of bird watching with the Russian females  in order to get De- addicted to alcohol .Alcohol is not the solution to your problems .

As a matter of fact all the jobs in the Gulf are on contract basis . So convey in your WS when maintanence comes up that you are a contract worker . Next show your salary in court as Rs 17,000 as being an NRI there is no tax on your salary till date . Court will take into account your expenses and your liabities . Now leave it up to opp counsel to break his head on how to abstract maintanence on your earning of Rs 17,000 . wish you all the best . Any more questions are welcome from you .

Rahul Kapoor (Legal Enthusiast)     02 November 2012

maintaenance awarded by court depends upon your income u filed in the affidavit.

Parityakta (QC)     02 November 2012

Dear Stanley Sir,

Thanks for your valuable suggestion.

As and when I come here in Dubai, I completely stop drinking for the past 2 years. whenever i go on vacation to Bengalooru, that time only I drink, that too because of the pain that my wife is not loving me.

As far as salary issue, my wife  has a copy of my last November salary certificate photocopy with her, which says my salary is around INR1 lac , excluding food and accomodation.  She has forwarded it to her lawyer.

Besides, I dont want to cheat her or anybody, but the maintenance cost should not be a hefty amount for me. That is my concern. If the money needs to be apid as lumpsum, how much it would be around?

Kindly suggest.

ANK

 

Rahul Kapoor (Legal Enthusiast)     02 November 2012

Was she working before ?

Parityakta (QC)     02 November 2012

Yes she was working and drawing a salary of around 5K p.m.

stanley (Freedom)     03 November 2012

Originally posted by : Nandesh

Dear Stanley Sir,

Thanks for your valuable suggestion.

As and when I come here in Dubai, I completely stop drinking for the past 2 years. whenever i go on vacation to Bengalooru, that time only I drink, that too because of the pain that my wife is not loving me.

As far as salary issue, my wife  has a copy of my last November salary certificate photocopy with her, which says my salary is around INR1 lac , excluding food and accomodation.  She has forwarded it to her lawyer.

Besides, I dont want to cheat her or anybody, but the maintenance cost should not be a hefty amount for me. That is my concern. If the money needs to be apid as lumpsum, how much it would be around?

Kindly suggest.

ANK

 

My dear friend i dont understand why you  are  cribbing than pay what the judges orders why are you scared of  maintanence may i ask ?? there are a lot of ways by which you can pay minimum maintanence and reasonable i dont wish to post any further .

Rahul Kapoor (Legal Enthusiast)     03 November 2012

a working wife is not entitled to maintenance. but if at any point if judge deemed fit to award maintenance then he can. but there are many ways to provide less maintenance..

Parityakta (QC)     03 November 2012

Can you please let me know that what are the ways to pay less i.e. justifiable, reasonable and deserving maintenance, as she is planning for a hefty amount, which I can not afford.

Rahul Kapoor (Legal Enthusiast)     03 November 2012

refer to following thread-

https://www.498a.org/forum/viewtopic.php?f=46&t=3579

regards-

rahul.gogreen@gmail.com

Puneet Batish (Attorney at Law)     04 November 2012

@Nandesh

This is something that can help you for sure - https://g8.geekupd8.com/1728023


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