Rohi (Office Boy) 27 August 2012

Maintenance query: opinion from experts

Hi friends,

I need Experts advice on this query.

Scenario 1:- Suppose if the husband is working in a Private Limited Company. His salary was Rs.25,000/- and he also got incentives on his sales and takes home around Rs.34,000/- to Rs.35,000/- per month which het gets paid by cheque and is also reflecting in his IT returns.

If a maintenance case is filed under DV Act and Sec.125 and the husband produces his salary certificate of Rs.25,000/- then will the court accept the salary certificate or will the court say that since the husband is getting incentives also on sales then we'll include the incentives also while calculating maintenance.

The reason why I am asking this is because Incentives are purely dependent on sales and are variable depending on Sales and market conditions. However the salary is fixed.

Scenario 2: Husband is working in Sales in a Private Limited Company and he was getting a Salary of Rs.30,000/- per month. However due to non-performance and not achieving targets his company has put him on Disciplinary Action Plan and given him the option to take a Salary of Rs.20,000/- per month and on top of that the company will give him incentives on the total business he gets for the company in a month. Then at that time if the husband produces his Salary certificate of Rs.20,000/- per month will the court accept the present salary or the salary which he was getting prior to disciplinary action.

Scenario 3: Husband is working in Sales in a Private Limited Company and he was getting salary of Rs.30,000/- but due to non-performance his company has reduced his salary to Rs.20,000/- at present and asked him to quit if he does not agree with it. If he produces the present Salary certificate of Rs.20,000/- then will the court accept it or go by the IT Returns of last three years.

Also while deciding maintenance plea does the court go by the salary certificate or by the IT return if the person is salaried in a Private Limited Company.

Kindly reply.

Thanks & Regards,

Rohit

Reply Follow

3 Replies

rahul (director) 27 August 2012

At the time of filing DV, that time salary will be consider by court. you do not need to show your incentive income, which is not fix.

Adv. Nikhil Seth (legal consultant (9867264707)) 27 August 2012

scenario 1: court will take average salary for last 6-9 months and on that accordingly will pass maintainance order.

It depends how your lawyer fights your case you always emphasisze on fix pay rather than with incentive pay.

Secnario 2 : it depends upon court to decide what to take .

Scenario 3 : you can state that currently if you are not working by producing your termination letter any ways court will order from the date petition is filed . So be prepared that from date of your petition per month given order monthly you have to pay. Provided if you decide to go for appeal against that order.

Court can go for both it is upon court to decide .

Rohi (Office Boy) 27 August 2012

Dear All,

Thanks a lot for your reply.

Since the husband will submit his last 6 months Salary certificate, will the court still ask for his IT returns. What if the husband has been terminated from his current job and he has joined a new company and earning Salary of Rs.20,000/- then will the court consider his new salary or still go by his previous salary and IT returns if he was earning Rs.30,000/- in the previous company about 7 months ago.

Awaiting for a reply. Regards,

Rohit