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Atul (HR manger)     15 March 2013

Regarding maintance under crpc 125

Hello members,

I have a query regarding the Crpc 125. While calculating Alimony,  what all things will be taken into consideration?

Will Immovable property acquired before marriage, Investments for immovable property before marriage, Other investments life NSC, PF, Mutual Funds, etc be taken into account for calculating the alimony and order will be passed to give maintanance ?

What if husband does not have salary ? How the almony be calculated in such case?

 

Please provide the proper guidance and methods to reduce it



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 7 Replies


(Guest)
Originally posted by : Atul

Hello members,

I have a query regarding the Crpc 125. While calculating Alimony,  what all things will be taken into consideration?

Will Immovable property acquired before marriage, Investments for immovable property before marriage, Other investments life NSC, PF, Mutual Funds, etc be taken into account for calculating the alimony and order will be passed to give maintanance ?

What if husband does not have salary ? How the almony be calculated in such case?

 

Please provide the proper guidance and methods to reduce it


Usually the salary of the husband will be taken into consideration, 1/3rd of income/salary will be awarded as alimony.


How to reduce it?

Show that your income is less, file income tax return on  that income you show to court.  Provide details of income tax return, like that you will need to pay less alimony.


You have not specified as to what kind of alimony you are talking about.  please do mention full details to get proper answers from members here.

Atul (HR manger)     15 March 2013

Thanks Helping Hand for your reply.

I am refering to Maintanance under CRPC 125. It is the section under which wife claim maintance for survival.

My actual Query is will Immovable property acquired by husband before marriage, Investments for immovable by husband property before marriage, Other investments life NSC, PF, Mutual Funds, insuracne etc of husband will be taken into account and based on those, will they calculate the Alimony?


(Guest)
Originally posted by : Atul

Thanks Helping Hand for your reply.

I am refering to Maintanance under CRPC 125. It is the section under which wife claim maintance for survival.

My actual Query is will Immovable property acquired by husband before marriage, Investments for immovable by husband property before marriage, Other investments life NSC, PF, Mutual Funds, insuracne etc of husband will be taken into account and based on those, will they calculate the Alimony?


On date, ie whatever property is in your name all will come under purview. 

Atul (HR manger)     15 March 2013

Thank you verymuch helpng hand!!!!!!!!!!!!!

 

What can be done to avoid it, like for Immovable property and investments for immovable property? Please provide advice.

Sunil Gokhale (Advocate)     15 March 2013

Is the immovable property before marriage - singly owned by you ... or jointly owned by you and your family members ... or is it anscentral? In such cases you can argue for reducing the maintenance ... under crpc 125 ... the maintenance will be judged largely on the current income ... than immovable properties owned. You can call on 9823164284 for furhter queries

Atul (HR manger)     15 March 2013

Hi Sunil sir,

Thank you for your reply. It is singly owned and it is bought 5 years before on loan. Still 25lakhs loan is pending. Also it is funded by family members. Also no current income in form of salary.


(Guest)
Originally posted by : Atul

Hi Sunil sir,

Thank you for your reply. It is singly owned and it is bought 5 years before on loan. Still 25lakhs loan is pending. Also it is funded by family members. Also no current income in form of salary.

As sunilji said.


best way forward is to  plead and argue to reduce maintenance, with written application.

But why on earth are you willing to show your property to the court?

Tell, please

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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