Legal Question in Family Law in India

interin relief/maintenance muslim couple
i have file 498A . we r muslims. i have a 1yr old baby. i want to know how much maintenance/interim relief i shd be able to get in between the proceedings of this case considering:

1.husband has a package of 52 lacks/annum but he gave fake salary slips in court which shows he earns 40k a month. He also says that i am working and earns 50k a month which is false. I used to work before but not now , he also gave the name of my previous company.

2. i have a daughter who has a hole in her heart sice birth,

3. he has dependants who are his mom , 2 sisters and 3 kids(nieces and nephew) whose parents are dead. and those kids live at my matrimonial home

3. i have been sepearated for past 1 yr and not single paisa given durng that time .

4. husband got anticipatory bail with interim relief of 2lac rupees to me, in june 2008.

5. i am working but in a different company but my salary is too less, not even enough to make out daily normal expenses. and he earns a lot. I am still studying and doing a job side by side. will that affect my maintenace? and to what percentage. say if i am earning around 15k a month and he earns 3.5 lacs a month. He is on expat position and actually a US employee.

Asked on 8/10/08, 2:12 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: interin relief/maintenance muslim couple

You are entitled to maintenance for yourself and your child; now since you are working again, may be part time, the amount may be reduced. In the given situation the court may consider awarding you approximately ten thousand per month considering his income and number of dependents.

Answered on 8/10/08, 7:00 am

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