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Chirag   26 December 2015

Maintenance help

Dear Members,

                 I am woking in a pvt firm and i earn 20,000 p.m ...my wife has charged me with 125crpc...

My question is what if my parents have kept savings like mutual funds, shares and ppf under my name .....but i dont hve access to savings at all.....If they open my I.T return will they count all of above under maintanance... If i dont want all of the above how should i fight to just count my salary ....what if i transfer all of the above under parents will they still fight for it...

 Please help...



Learning

 9 Replies

Sidharth   26 December 2015

The purpose of maintenance is not "to divide equally between husband and wife."

It means husband should maintain his wife like he was maintaining before case only with his personal income.

Your parents is also your legal and moral liability and not your assets

Yme

Chirag   26 December 2015

sidharth,

        My wife is not ready for a 2nd chance....we tried counselling &n everythin ...now i came to know she is greedy for money....so want to void it....so please reply will all the savings count in my case or jus my salary income....

Sidharth   26 December 2015

As I said earlier,  only your salary  + only your  income from other sources will be the base of calculation of maintenance amount

Chirag   26 December 2015

thanxs siddharth ..... means a lot ot me....hope the judge takes the decision as per your sayings

Chirag   28 December 2015

Her parents come from well money background.....i am ready to accept her and buy a house on rent which she has refused.....

I have read somewhere that a qualifed Mcom wife cannot sit at home idle....jus for the sake of maintanance ....will the judge hear on this

Sidharth   28 December 2015

There are many judgments available which says wife capable to earn is not entitled to get maintenance

It also includes educated wife. But the point is have ur wife ever worked before or after marriage? 

Chirag   28 December 2015

no she aint working....

Sidharth   28 December 2015

Then it will be very difficult to prove her capacity to earn and you have to pay maintenance

Chirag   29 December 2015

Dear Members, 

We had our counselling done and in counselling they didnt respond properly asking for property and etc....counselling members got angry on them and took us to judge.Judge took us to chamber & had 3 sitting in which judge tried explaing her family and my wife....but they turned him down as welll....Now my court case starts from jan 1st 2016 for 125crpc.....

I am ready to accept her back and rent a flat without any1s interferience ....if she denies will she still get maintainance...


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