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Helpless Guy (IT)     10 October 2017

Will child education policy help in reducing maintainance

Hi All

My wife is taking 50,000/- salary per month, mine is 80,000/- PM and I have child education policy in which I'm paying annual premium of 20,000/ PM, will court consider this in reducing child maintaince in DV/CRPC 125 case ? Or on the basis of that, any chances, court exempt me from interim maintaince ?

Thanks in Advance.



Learning

 13 Replies

SHREY DAMBHARE   10 October 2017

See that's one of the argument. But, it is totally depend upon the discreation of the court to reduce maintainance on this ground. However, I do not find any waitage in this ground. Since he is your child, you may indulged for any type of his welfare activity. This could be ground for custory issue but for reducing maintainance, I can't find any waitage. However, wife earing 50K per month salary could be ground for reducing maintenance. 

Adv Radhika Mehta (Advocate)     10 October 2017

You paying premium for any Police does not exempt you from paying any maintenance either to your child or to your wife.  The Court will, at the most, consider that as another one of your expense and deduct the same from your income to arrive at the amount available with you post your expenditures. 

Helpless Guy (IT)     10 October 2017

Originally posted by : Adv Radhika Mehta
You paying premium for any Police does not exempt you from paying any maintenance either to your child or to your wife.  The Court will, at the most, consider that as another one of your expense and deduct the same from your income to arrive at the amount available with you post your expenditures. 

 

So you mean its premium shall be consider as my liability in reducing my total income in maintainance calculation ?

Anamika Vichare (Practising Lawyer)     11 October 2017

You hv not at all mentioned what is your salary and ho wmuch maintenance amount and how much you are paying annual premium

How you expect us to answer your query

an just  because you  pay education poliy premium in future what about food for today.

 

Helpless Guy (IT)     11 October 2017

Originally posted by : Anamika Vichare
You hv not at all mentioned what is your salary and ho wmuch maintenance amount and how much you are paying annual premium

How you expect us to answer your query an just  because you  pay education poliy premium in future what about food for today.

 

 

My wife is taking 50,000/- salary per month, mine is 80,000/- PM and I have child education policy in which I'm paying annual premium of 20,000/ PM, will court consider this in reducing child maintaince in DV/CRPC 125 case ? Or on the basis of that, any chances, court exempt me from interim maintaince ?

 

 

Adv Radhika Mehta (Advocate)     11 October 2017

Originally posted by : Helpless Guy

So you mean its premium shall be consider as my liability in reducing my total income in maintainance calculation ?

Yes, the premium shall be considered as your liability.  As mentioned hereinabove, it shall not exempt you from maintenance.  Given the less difference between you and your wife's salary, its highly unlikely that she should get maintenance.  However, as far as your child is concerned, you should volunteer an amount rather than getting an order passed on the same. 

Helpless Guy (IT)     14 October 2017

Originally posted by : Adv Radhika Mehta



Originally posted by : Helpless Guy




So you mean its premium shall be consider as my liability in reducing my total income in maintainance calculation ?





Yes, the premium shall be considered as your liability.  As mentioned hereinabove, it shall not exempt you from maintenance.  Given the less difference between you and your wife's salary, its highly unlikely that she should get maintenance.  However, as far as your child is concerned, you should volunteer an amount rather than getting an order passed on the same. 

Thanks Radhika but Is it ok if I declare these education policy in court, will judge ask me to handover this to mother as child is in her custody ? My point it I purchased these policy and I'm paying annual premium and I will retain them.

AIB   30 October 2017

My wife is educated but she was not working still court didn't give her maintenance. It was clearly mentioned in the order that she is educated so she should work and become financially independent. I think you have not submitted citations. Your wife is working enought to maintain herself so on what basis you have to give her maintenance. You have to give maintenance only for child but make sure that you get child access as per highcourt guidelines. The LIC policy or whatever you have for education will be helpful during final alimony since your wife is working. Please make sure that you pay premium for those policies it will reduce your final alimony and wife won't be eligible to get anything since she can maintain herself. You have to submit citations otherwise you will pay money unnecessarily.

Helpless Guy (IT)     09 November 2017

Originally posted by : AIB
My wife is educated but she was not working still court didn't give her maintenance. It was clearly mentioned in the order that she is educated so she should work and become financially independent. I think you have not submitted citations. Your wife is working enought to maintain herself so on what basis you have to give her maintenance. You have to give maintenance only for child but make sure that you get child access as per highcourt guidelines. The LIC policy or whatever you have for education will be helpful during final alimony since your wife is working. Please make sure that you pay premium for those policies it will reduce your final alimony and wife won't be eligible to get anything since she can maintain herself. You have to submit citations otherwise you will pay money unnecessarily.

Thanks AIB I spoken to one lawyer he told not all judges are same and judge always see that wife and child you also get same status of husband in the form of salary and income of husband and even working wife is lable to get some maintainance, how true it is ?

Adv Radhika Mehta (Advocate)     09 November 2017

The facts of each case and circumstances are different and therefore no such blanket rule can be applied.  Maintenance depends on several factors.  Your wife may be working but if she is unable to make ends meets within her salary, you may have to pay her some maintenance. 


(Guest)

You should hv produced 3 more kids to show more expenses.  

mission   31 December 2017

I volunteer 50/50 cost bearing.. She wants full child cost of 80000 PM.. What could be court stand in it. . 

Helpless Guy (IT)     08 January 2018

Hi Experts

I have to submit WS for my crpc 125 shortly, can I submit joint parenting plan and urgent child visitation application with WS of crpc 125 ? If wife is asking for child maintainence can I write in my WS for joint parenting ?


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