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Sagar (a)     07 November 2012

Maintenance amount decide on which factors

Hello,

I have few queries regarding Divvorce laws :

1. If I have any property under my name and I am paying loan on that property should I show that property to my wife to reduce the maintenance amount? but if I show that property while taking divvorce will my wife also applicable to claim her part on my property??

2. Which are the factors of my salary can reduce her maintenance amount???
3. On which factor the one time settlement amount depend while taking divvorce??

Regards,

Sagar



Learning

 2 Replies

Tajobsindia (Senior Partner )     08 November 2012

1. No. Till husband is alive it is his sweet will to gift his self earned property to a Trust or to Govt. of India. Wife has no rights as of now over his self earned property.

2. Liabilities (deductions from net take home not CTC) which are considered by Civil / Criminal Courts under maintenance laws are as follows;

- Dependent unmarried sister(s).

- Dependent brother(s)

- Dependent parent(s)

- Food and lodging (self)

- Loan if any.

- Statutory PF / EPF deductions if any.

- Insurance premiums (self) if any.

- Mediclaim premiums (self) if any.
- Mediclaim and medical treatment for dependent parent(s)
- Mediclaim and medical treatment for dependent sister(s) and/or brother(s)
- Maids salary for household work if any.

- EMI’s on properties / car (self) if any.

- Higher Education / Tuition Fees (self) if any.

- Rent payment of accommodation (self) if any.
- Rent payment of accommodation for dependent parent(s) if any.

- Maintenance charges payments on rented premises such as elevator maintenance, security, gardener, club memberships, generator maintenance, and electricity and water bills which are part of many a RWA’s now-a-days are all statutory deductions.
- If she is working then no maintenance to working wife.
- Personal vices when metro wife deserts you, such as; your entertainment, your shopping, pan, gutka, highway rides for g/f, smidgens over lovely sunset are not considered as liabilities at all so donot make fun of Law by asking me such vague question on this particular sub-para

……. so on so forth are ways and means to reduce or NIL maintenance to metro wife.

3. One time “settlement” amount are based on asking Taj Mahal via her wide open mouth and proportionate to opening of your lips when you make a whistle sound. BTW, if you donot know how to make whistle then “settle” as demanded by metro wife and for the same no set Laws are there when settlement words are to be used.  


[All You's in reply = are generic and not meant for finger poiniting at author of this posting for civil defamation purposes]

N K Singh (Asst Director)     24 October 2013

Sir,

If any decision is available regarding that LIC PREMIUM deducted while calculating the maintenance.

 

Rgds,

N K Singh

9654021805 


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