I would like to know in case if the property is registered under Sole husbands name and husband had paid the down payment of the flat through a personal loan and is currently serving the EMI of both the housing loan and Personal loan which was done before the divorce case started, Will the final maintenance amount consider his outgoing EMI towards both the loans and deduct it from the Percentage of amount to be paid ? Secondly, is the wife equally responsible to pay off the liabilities which is being paid by the husband ? Also in case of Portuguese Law which is only applicable in Goa, is it mandatory if the person is born in Goa but bought up outside and is not meeting the rule of domicile which is minimum 9 years stay does the law still considers the Portuguese law in this case or its general all India rule in this case ?
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Yes the court will consider the payment being made by him as EMI towards the loan while deciding the maintenance as that will be counted under the head of his liability.
If you two are separating then wife does not have any liability to pay off the liabilities.
Generally Indian law will apply. Application of personal laws largely depends on the facts as to under what provisions case has been filed. If the case has been filed under the personal laws then the personal law will apply.
Regards
Court considers net income after taxes of husband,number of dependent in determining maintenance
2) your personal loan and EMI is not considered while determining maintenance payable by you
3) wife not liable to pay husband liabilities
EMI monthly amount be taken in to consideration
While fixing maintenance
125 crpc uniform code all over india
Hi, in deciding the maintanace application under 125 Crpc the court take in to consideration the income of the husband as well his liabilities for ex:- loans , dependent parents , house rent etc .. If the husband has been paying the loan amount and have not much to save , it will be taken into consideration by court
Is wife liable for maintenance where she is earning enough to maintain her life style and husband is ready to take care of Daughter maintenance by paying fix amount of education and other necessities and in worst case lets say i pay a lump sum to wife and want to keep her out of property distribution ? Is it possible ?
Yes it is possible, if the wife is earning then there have been cases where maintainance has been denied by the court.
Yes it is very much possible, it is advised to settle the case after paying lump sum amount.
Regards
1) wife would be entitled to maintenance if there is substantial difference in the income of husband and wife
2) wife has no share in husband property during his lifetime
3) if husband dies intestate wife would have share in husband property
The Court will definitely taken into account the liabilities of the husband before quantifying the alimony.
If the House is in the name of the husband and he alone has taken the loan against its purchase, there's no liability of yours to clear the said debts.
A wife is only liable for maintanace if she is not working and unable to maintain herself ..why are you willing to give her money , let her contest the case , it is she who should be compromising
For computing income for calculating maintenance, generally the take home salary will be taken into consideration.
The wife cannot be held liable for the husband's liabuilities
The Goan law is not applicable outside Goa
Is wife liable for maintenance where she is earning enough to maintain her life style and husband is ready to take care of Daughter maintenance by paying fix amount of education and other necessities and in worst case lets say i pay a lump sum to wife and want to keep her out of property distribution ? Is it possible ?
Yes it can be possible, you may get a MOU drawn on the arrangement now proposed. which shall be binding