Legal Question in Family Law in India
my wife has separated from me for nearly a year. She has started using her maiden name for our daughter, even in school. is it allowed?
secondly, she has demanded maintenance by filing 125. my salary has been slashed to 1/3rd owing to my absenteesm and lack of focus due to the legal entanglements. she has claimed half of what my previous salary was until last month. what is she entitled to get, what she claimed or what is as per the proportion of my current salary? is the onus of finding out my current pay on her or the court?
please advise soon kindly.
2 Answers from Attorneys
using her maiden name for the child may not be allowed unless she is legally separated or divorced. the salary records can be called by the court by summoning your employer. the proportion of salary would depend upon the facts of the case and there is no hard n fast formula for that.
In any event, onus is upon you to prove your current salary/income and that it has been slashed circumstantially and not intentionally to avoid making payment to wife
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