I (husband) have applied for divorce. Wife filed petition for interim maintenance. She is professionally qualified engineer (Bachelors in Information Technology). She used to work before marriage in a company. But quit just before marriage. After marriage, after 4 months, I helped her to get a job that paid her 10,000 per month. I did this because she complained that she was getting bored at home and also thought it will help us in managing our home better. Later we had our differences and her parents took her to their home saying she would return in a week or so. However she did not come back for 2 years. After the 6 months she had left , we started to think of filing divorce. Our relatives met their relatives. But no steps from their side. Eventually we filed for divorce. Finally one fine day their relatives came to our house and gave all sorts of assurances of her behaviour and asked us to give her one chance. So, we did take her back in our home (which turns out to be our biggest mistake). She was working in a different job which paid her 14k per month. Now, after she comes back to our house, she resigns from this job. Her reason given was I asked her to leave the job and sit at home (which is a lie). Sometime after about 7 months after she comes back home, we again file for divorce (as there was no improvement in her behaviour). She applies for interim maintainance and family court has passed order to give her 15k per month from the date of her application. My monthly take home salary is 76K. I have a aged father to support. I have to pay home loan EMI of 36K and other expenses. I personally find this order to be very biased. The reasons being: 1) She is professionally well qualified 2) She is capable of getting a job 3) She is living in the same house as me 4) She is eating the same food as me 5) I am paying all the bills of our home. 6) Nobody is stopping her from finding a job for herself. 7) We do not have any children In her application she has mentioned that husband is not paying for her 'mobile bills, soap, ...' to which most of the court had laughed. So, she accepts that I am paying for everything else. So, I am not sure why the family court judge wants me to pay 15K per month to her. Can someone please help me understand this. I am still waiting for the order summary from the court, which might also explain the rationale behind this order. Also, I am thinking of appealing against this order in high court. Would this be a wise decision?
Court considers your net income after taxes , wife income , standard of lifestyle while awarding maintenance
2) you are earning 76k and wife only Rs 14 k there's is wide disparity in your incomes. Hence wife entitled to maintenance
3) generally court s award one third husband net income as maintenance
4) court does not take into account yourEMI for housing loans but does consider that you have dependent parents
1. Professional qualification alone does not disentitle a married woman to claim maintenance. What has to be seen is whether she is working and having a source of income of her own. At the most, a sound professional qualification of a wife can help the husband to reduce the quantum of maintenance, but he cannot avoid it altogether.
2. Order awarding 15000/- per month maintenance is just and reasonable. She may be eating the same food as you and other family members, but maintenance is given to wife so that she can have some money to spend in the manner she likes.
3. What has to be seen is whether your liabilities have been factored in appropriately by the court before fixing the quantum. The petition for interim maintenance, its reply filed by you and the order have to perused threadbare to ascertain the chances of success in the HC. Needless to add, the HC can altogether quash the maintenance order, or reduce the amount.
4. Consult a lawyer with a copy of the above documents.
1. mere stay in the sme house ,having the same mess and without having a child is no issue to avoid maintenance.
2. Considering the income you have the amount of 15 k as maintenance is very reasonably fixed by court. The EMI paid to meet loan is not counted while fixing maintenance.
3.In any event there is no restraint to challenge this order beofre the higher court .
In my opinion do not take any decision without reading the order, if the order has been passed against the facts presented or has been passed against the settled principle of law then only their is a point in preferring an appeal. I suggest you to please wait for the order and then consult a lawyer with the copy of the order and the file of the lower court to get an appropriate and best opinion.
Regards
Would be an excellent decision. There are recent judgements of the Supreme Court which say that before taking a call on the quantum of maintenance, the Courts should also take into consideration the other elementary expenses of the husband, such as the expenses which go towards support/maintenance of his parents, loans, etc. and his other personal expenses as well. There are great chances that this amount of 15k will be reduced by half.
1. The Judge is expected to spell out in his order sheet, the reason for his passing such order.
2. Actually, when she is residing with you and being basically maintained by you, the Rs.15 K for buying soap and paying mibile bill is to the higher side.
3. However, wait ffor the order copy and appeal before the Appeallate Court challenging the said order.
Since it is an order on the petition for interim maintenance, the courts dont go behind much logic or facts produced before it by the respondent.
The fact of marriage to be established and husband's salary/income to be proved.
This will be the basis of sanctioning the interim maintenance.
However you can approach high court with an appeal
I got the order summary copy today. It states the following: As the wife is living in the matrimonial house and also getting food for her subsistence, these need to be excluded while quantifying interim maintenance. Similarly the husband is paying an EMI of home loan of Rs 35,400 where his wife is living, so indirectly he is paying for his wife also. Same is the case with paying for TV, DTH, milk, telephone bill, gas bill, grocery etc. All these expenses are common expenses of a household and respondent (wife) is naturally beneficiary of all these expenses, so these aspects also taken into consideration while quantifying maintenance. Once it is said that her earning capacity is of Rs 10000 as on 15/12/2012, that amount also needs to be taken into consideration. So, if we consider those aspects, she need money for her personal expenses, which woman need to maintain her lifestyle, which she maintained prior to this dispute arose. So for that purpose an amount of Rs 15000 would be enough. It would take care the expenses of her personal hygiene, for her outing, for her clothes and other items. In one of the many points judge says that: Even if we assume that the wife is highly qualified and was earning till, the petition was filed, her admitted income was in the range of Rs 10000 only. SO there is a huge difference between her salary and salary of husband. The salary of husband is 7 times more than salary of respondent. So, considering this she is definitely entitled for the lifestyle which her husband is enjoying, so the claim for interim maintenance can be accepted., despite the fact that the respondent is highly educated and had a past experience of service. I think judge has got two facts wrong: 1) Her latest salary when she was working was Rs 14000 2) Judge has not considered the fact that she was working before I filed divorce petition. Why don’t judges consider the fact that for a B.E. IT person the minimum salary range is around at least 30K if the person is willing to work. My wife does not want to work and earn that much. Should I still appeal in High Court to reduce the interim maintenance amount of 15K or it will not be worth it? Thanks,
It is not worth filing petition in HC for reduction of interim maintenance
chances of HC reducing maintenance are bleak
I would not suggest you to move to High Court, that will be a waste of time and money. It is a reasoned order that has been passed. In a country like India you can not appeal on the ground that she can earn this much.
Also a meages difference of Rs 5000 in the salary wont make much difference.
Regards
1. The maintenance amount of Rs.15 K as ordered by the Court for just maintaining her personal hygiene, life style etc. when basic maintenance is taken care by you separately, is too much to the higher side.,
2. The Court should have also considered her capability for earning much more since she has B.E Degree in I.T. Stream.
3. Challenge the said order of the lower court before the High Court by filing an appeal.
4. Engage a local lawyer having expertise in this field.