victimof bisedlaw (jobless) 25 November 2012

What will be int. maintenance

Dear All,

My wife filed DV and put that I am earning 55,000/- P.M. but did not wrote the name of company where I am working (Though she knew that I am not working at peresent). What she will get in intrim main. how I will convenence the Hon'ble court that she made false statement for getting high int. maintenance.

thanks

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1 Replies

Tajobsindia (Senior Partner ) 25 November 2012

1. In that case file an affidavit stating you are not working from start of such and such date till the date of filign this affidavit along with your liabilities and if resignation is due to Employer reasons and no voluntary caused then mention that too in your affidavit with annexure. These materials helps in Appeal stage too if too much beyond your capabilities gets announced / Ordered by a competent Court.

2. Further now what will happen is that the Court may ask your earlier earning details. Now if that matches closeness to exaggerated figures quoted by other side then earlier income will be considered as your earning capabilities read with voluntary OR caused incapacitation.

3. Either way you are in a tricky situation which your appointed Advocate may bail you out if properly plead as he has material records in his file not us.

4. There cannot be set formula given in instance facts as not mentioned what is your wife’s capabilities / education etc. Now be it so normal figures are 1/3^rd. or 1/5^th. residual last income drawn after deducting all liabilities may be guess work of the concerned Court.

Keep finger crossed onto guess work of concerned Court now J