Praveen Kumar (Not working) 19 May 2011

QUANTUM OF MAINTENANCE

Sir,

I am fighting maintenance case with wife. my income on papers are as below:

FY:2007-2008: 20k per month, salary & business ITR ( before 2007 I was having salaried job)

FY: 2008-2009: 25k per month , business ITR

FY: 2009-2010, 25k per month, business ITR, business in loss , liabilities accrued

FY 2010-2011, salaried jobs, 1st half 22k, looses job is unemployed, mother get cancer cant devote full time to job as no one to take care of mother so did a job of 12 k

In one sec 24 hma judgment for 2009-10, judge assessed income as 30k, the papers of liabilities were not submitted, even mother was not considered as a liability on my income as it was not mentioned by my lawyer. the judge divided the income in 4 parts 2 for myself , one for infant daughter and 1 for wife. but had assessed wife to be able bodied so maintenance to her was for 6 months only.

that case is over and new sec 24 HMA is there filed in april 2011 with the divorce case. now i want to know from the experts here whats your assessment of income: this time all papers have been submitted, mother's treatment papers have been submitted. i have a younger brother who is a doctor & earns 55k a month. does this absolves me from my duty to the mother.

I am fighting 125 CrPC on the above conditions. Kindly give me ur advise so that I dont have to pay maintenance to wife, I dont mind paying any quantum to daughter but from the age when she knows her father gives everything, right now she is just 14months, i have not be allowed to see her as well.

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2 Replies

Tajobsindia (Senior Partner ) 20 May 2011

@ Author

1. First you need a better Family Law Ld. Advocate who can fight for husbands point of view.

2. Second U/s. 125 CrPC file an Interim Application for visitation of daughter and on first date of hearing pray for its disposal either way.

3. In my assumption the first S. 24 HMA may have been filed as stand alone under Family Court Act and or as counter ot your S. 9 HMA as there is no whisper how she managed to file S. 24 HMA the first time without any activity under HMA the codified Law if it was not filed in a Family Court established under Family Court Act so I making some valid legal tanable guess work here. Whatever the case I could not understand what happened to first S. 24 HMA at the end as it is not clear from your brief?

4. When the second S. 24 HMA is filed you should disclose all income as well as liabilities right from previous case till date to defend your "income" under Affidavit so that this time concerned court takes the right assumption to a prime facie summary maint. Order and gives you justice based on your "current" income situation and factors enabling loss of "income". A Indian husband fortunes also goes down when marriage breaks and it is not that only errant wife's become destitute and moneyrama less in given situations !

5. This is your case not your brothers case hence remove the 55 K which he is earning from any of the replies and or talks to new Ld. Advocate. It is his income and his profession and your wife is not asking money from him, she is "demanding" from YOU. Anyhow a dependent parent are liabilities of all children irrespective of gender, children married and or unmarried or whatver the case may be. So you cannot absolve YOUR share / part of duty towards your dependent mother out of 12 K income currently you are alleged to be earning.

6. Submit an Interim Application for 'voluntary" payment to your child till case in hand decided under S. 125 CrPC and pray to MM to dispose this application either way on first date of its hearing.

7. Did she ever prove "ability" and "neglect" under S. 125 CrPC interim maint. ? If not then insist her side to get over first hurdle in a prime facie maint. case of interim maint. under S. 125 CrPC. Is she not a working lady? Has she ever worked before and or during marriage? What was the speaking order on first S. 24 HMA where that concerned court said at the time of division of inference 'income' of yours. Re-read that Order you will get some real good speaking application of mind and apply the same in S. 125 CrPC pleadings.

There are enough material relating to your briefs matter here in LCI read them for basic understanding on how S. 125 CrPC maint. Laws works. You will pass this time the silver test.

All the best.