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Nikhil Sharma (Manager)     01 August 2019

Will court consider personal loan while deciding maintenance

Dear Sir/Madam,

My wife is at her parent's house from last 11 months and now she has filed a complaint against me & my family in CAW Cell with false allegations. She has demanded maintenance in her complaint in CAW Cell.

Now our case has been refered for social counselling in CAW cell, where I have offered her a separate living in a rented accomodation. She is acting as if she wants to live with me but on every date she comes-up with new issues regarding rented house. In short she wants a luxury house with all amenities around which I cant aford or she wants to go back to my parent's house where I dont want to keep her because my parents are not feeling safe with her after her false allegations.

My net monthly salary is Rs. 60000/- and 50% of my salary goes in paying EMIs of personal loans.

My question is, if in case I'm asked to pay her maintenance for her and my 1 year old gaughter, then will the court consider my personal loans repayments while deciding maintenance?

And what could be the maximum amount of monthly maintenance in my case?

Please help..



 2 Replies

jayakumar.j (advocate)     01 August 2019

You can plead with the court.

Sufferer   01 August 2019

Personal loan doesn't count. If wife is working or has worked she isn't entitled for any maintainence. Your child is. 20k. But she has to prove for 20k

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