Legal Question in Family Law in India
Clarification for Maintaince
Hi
My wife filed DVA Case to all my family members, in this case she asking maintaince. She is working women drawing 8,000/- p.m and we don't have children�s. Am drawing 35,000/- rupees P.M, in this amount I am paying house loan 19,000/- and personal loan 5,000/- so reset of the 11,000/- amount am using my personal expenditure to serve my parents(my parents along with me).we don't have any extra private property, I am depending on salary.
Clarification:
1) During the maintaince can i show the court about my loans and expenditure proofs?
2) After paying all the loans am using only 11,000/- my personal use, how should i pay the maintaince?
3) Before court giving the judgment about maintaince they will consider my personal expenditure also?
4) What is the normal calculation court will consider for maintaince if she working women (we came from middle class family)?
Please let me know
5 Answers from Attorneys
Re: Clarification for Maintaince
1)Yes you can.
2)bring it before the court.
3)If you bring it to the notice of the court
4)No fixed calculation but depends upon various factors.
Re: Clarification for Maintaince
yes you can show you loans expenditure proof that she is working and earning 8000/- p.m, which will be considered
Re: Clarification for Maintaince
Hello.
(1) Yes you can show about the loans and expenditure proofs.
(2) Bring notice to the Hon'ble Court.
(3) Yes the Court can untill and unless you bring the same thing noticable to court.
(4) It depands on several factors.
In case of need please contact personally alongwith the details.
Re: Clarification for Maintaince
(1) Loans have no relevancy.
(2) You are required to pay maintenance amount despite your loans;
(3) No. they will consider your earning capacity and your responsibility towards your wife.
4) she is entitled to at least one half of the joint income : now clubbing the two salaries i.e. 35,000 + 8,000/-, she may be entitled to lat least 21,000/- she gets 8,000/- you should pay at least 13,000/- p.m.
if you have taken home loan, she is also entitled to a home loan; and may make payment of instalment for a house bought in her name;
OR transfer the home in her name or joint name and then that instalment amount may be deducted.
Re: Clarification for Maintaince
Reply of Mr. Sudershan Goel is most appropriate.
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