Legal Question in Family Law in India

Maintenance

Presently i am working in overseas,she fille case against on me/parants/brother regarding harresment from our side on 498a 323 506(2), And she filled maintenence per month 5000/- on cr pr 125 so my query,

1) how to reduced such maint.amount?

2) what is proof required for that, My monthly income is around 75000/-


Asked on 3/15/07, 11:02 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Maintenance

The amount demanded is too much on lower side. You should not make any effort to get it reduced; rather start making payment of this amount voluntarily; she can seek much more, atleast twenty percent of your salary. better try reconcilliation. SUDERSHAN GOEL, ADVOCATE.

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Answered on 3/18/07, 5:39 am
Nandita Haldipur Haldipur Associates

Re: Maintenance

you have to find out if your wife is gainfully employed. If she is then you will have to get details of her employment and salary slips etc. further she has to show the court what your income is which will also be one of the facts for deciding the amount.

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Answered on 3/15/07, 11:55 pm
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Maintenance

Dear friend, your wife is on a warpath. If she has filed a Sections 498A, 323, 506 (II) I.P.C. case against you, your parents and brother, she is in no mood to let you off the hook. She will harass you on this front.

On the other hand, she has also filed under Section 125 Cr.P.C., 1973, in the concerned Family Court. You can reduce your outgoing liability towards maintenance, if you show that she is working, which will not be easy, given that she may receive her salary in cash. With an income of Rs.75,000/= per month, you are fueling litigation against yourself. Kindly settle this matter before the situation gets out of hand. My opinion is conservative, given the experience I have. Do not indulge in counting pennies, when she will get away with dollars.

I hope you have found my opinion satisfactory. I am cautioning you, not without reason. Settle it, before it is too late.

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Answered on 3/17/07, 10:24 am
G. M. Gupta gmguptaandassociates

Re: Maintenance

if she is working then this amount MAY be reduced. but looking at your income per month this amount may not be reduced.

if working then produce her salary slip etc

i would suggest you to talk to her and settle the matter with one time full and final payment.

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Answered on 5/01/07, 2:24 pm
rajeshwar sharma rajeshwarnathsharma

Re: Maintenance

Answer to querys:-

1&2. maintenance to parents is deductable expanses if they are unable to maintain themselves and the same will be in the cases of your brothers if they are minors and soley depends upon you which you have to prove.

I am of the opinion after going through the facts that you need not contest that case and agree to pay the demanded amount because the courts are adopting formala and allowing two-fifth of disposable income of the husband. For further query contect me or any lawyer.

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Answered on 3/16/07, 10:54 am

Re: Maintenance

details of case is required to be examined.you may proof that wife is gainfully employed and has sufficient income to maintain herself.You are required proof of her income like deails of income, salary slip,proof of deposit etc.

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Answered on 3/15/07, 12:03 pm


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