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ram (eng)     08 October 2011

Maintenance how much...?

 

This Ram from Chennai…

 

I have filed divorce petition by contesting on the basis of cruelty she also filed Maintenance petition, petition under section 9 of the Hindu marriage act to claim the conjugal rights & live with the petitioner and children in matrimonial home, also a suit petition not to sell my properties {100% self earned having related documents, but she is telling that her father’s gift} for the purpose if any direction given by the court as maintenance to her. She is also working as a govt. servant and earning more than 25000/- net pay per month and my self 30000/- net pay per month( my grass pay is 50000/-) . We had two daughters at present with staying her.  

 

Now the all cases have come to enquiry stage:

 

I want know the following queries please any one clarify clearly

 

  1. How long these all cases have got finalized.
  2. How much I have pay as maintenance
  3. Is it possible for one time payment or I have to pay every month
  4. If the cases over is it possible to appeal in High Court and Supreme Court.
  5. if she will appeal means on what cases she can go further in High Court and Supreme Court

 

Please explain.

 

With regards

 

ram

 

 

 

 

     

 

 



Learning

 5 Replies


(Guest)

Ram,

 

1. Maintenance will be decided earlier than others -interim maitenance will be decided in 3-4 dates. For maintenance please file your objection will proof - get sallary certificate of your wife. If you don't have proof file RTI. Other cases RCR and divorce will run on an average 3-4 years.

 

2. Mainteance in your case will be for your daughters - your wife will not get much- your daugheter may get about  15k - half of it will go  from you. One point of caution - these are indicatory numbers based of the facts you have shared - actual numbers will be based on court proceedings and the proofs you and other party is able to produce.

 

3. In final decion one time payment can be there  but until final decision is arrived there would be interim maintenance. If you want to decide one time payment - approach your wife and agree on a amount.

 

4. yes.

 

5. All.

 

 for maintenance you should

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2011

Dear  Ram

there is no provision to get finalize the case in specific time

if she is Govt. Employee then you are not liable to given any maintinance

yes you can file an appeal in High Court and Supreme Court also

and she can also file appeal in High Court and supreme court too'

1 Like

ajay sethi (lawyer)     08 October 2011

1) depends upon backlog of case in family court of your area . if case is contested it may take years .

2)since your wife is earning 30,000/ a month you wont have to pay her maintenance. but you have to shoulder responsiblites of 2 daughters . court may direct you to pay Rs 10,000 or more .

 

3)if your wife is agreeable you cn amake one time payment . the money cna be placed in monthly income scheme so your daughters interest are ptotected . has your wife made application for interim maintenace .

 

4)and 5   yes appeal can be filed .

1 Like

ram (eng)     09 October 2011

she is residing in my own house and it is co-operative bank loan i am paying an amount of 12000/- as EMI from the date of separetion. I have all the proof . she has not filed any interim maintenance...

1. Is this can be accounted?

2. is this can be considered as interim maitenance?

3. For maintenence my gross salary or my net salary has taken into account?

4. Even the case into the stage of enqury level is it takes 3-4 more years here after

5. If she has comes forward for mutual concern is it possible to get diverse soon or how long time it takes? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 October 2011

 

1. Is this can be accounted?

YES AND NO. DEPENDS ON HIGH COURT OF YOUR JUDICATURE.


2. is this can be considered as interim maitenance?

CHECK THE ANSWER NO. 1


3. For maintenence my gross salary or my net salary has taken into account?

NET TAKE HOME.


4. Even the case into the stage of enqury level is it takes 3-4 more years here after

:-) HAPPENS


5. If she has comes forward for mutual concern is it possible to get diverse soon or how long time it takes

SIX MONTHS FROM THE DATE OF FIRST MOTION.

REGARDS,

SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM

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