Legal Question in Family Law in India
Me & my family have been falsely trapped in 498 A case & was behind the bar for 8 days.
Now police has to file chalan in the case.
My Q is how much maintenance & alimony she can ask
1. we do not have any child
2. She is working & her income is Rs. 2.50 PA
3. My ITR is 7.25 Lac PA
4. my total worth is 50 Lac.
4 Answers from Attorneys
even though she canf file a case for maintenance but there are bleak chances of her getting any maintenance from you as she her is gainfully employed. secondly, as far as your net worth of 50 lacs is concerned, she has no right over it and the capital belongs to you only. even if she asks for maintenance or alimony, she may not be getting the same. regarding the false case of dowry, it is advisable, you seek the anticipatory bail for yourself and your family and instead of bowing down, fight your case. after some time, she would give up.
You can file case for divorce on the grounds of cruelty as she filed a false 498A case.
The 498-A can be termed as "false" ONLY if the court has so declared not by your own saying. As per latest law, she is entitled to the husband's standard of living as was available to her at the time of separation. You may consider the maintenance amount with standard. In my opinion she should be entitled to at least one third of your salary as her support. The amount of your worth will be taken into consideration at the time of final decision.
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