• Maintenance related

I am living separate with my husband since last 1 year because he have relationship with one other lady. we have one son and he is also living with him .now he file case against me as per sec 9 RCR . Now i wants to file case against him for maintenance . My query is 

1. His income is 1.1 lakh pm but i dont have any documentary evidence. so how i can prove his income ?
2. can court order to him for submit document related to his income .
3. He have responsibility of our son and his parents also . after that how much maintenance i can expect ?
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

make an application in family court calling upon husband to produce his bank statements , income tax returns for last 3 years

2) court would direct husband to produce his income tax returns , bank statements

3) you can expect maintenance of around Rs 30,000 per month

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Madam

1 You can submit an application seeking salary slip from the company. The company will come and produce the same in court.

2. You can claim upto 50% of the salary. The court has discretionary

Feel free to reach us over any clarification and filing

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Respected mam ...

1- you must have to collect evidence to prove his income ..Your part will easily be proved by getting his salary slip or his ITR that can be taken by his department ..

2-yes you can file application seeking fresh affidavit of his income then court will order him and he is bound to submit the same ...

3- mam you are entitle to half of his income as it is the duty of husband to maintain his wife it's upto court what will they consider ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Dear Client,

RCR may be decline if any proof of his adultery is available and also on other grounds. Neither RCR awarded in casual manner.

By filling an application in the court, all records regarding job and income statement, tax return can be summoned, so no big deal.

Even few High Courts have now made it mandatory to file affidavit regarding income.

Are u earning ? your qualification ?

Well, 15 to 25 % expected as u r not bearing maintenance towards child otherwise it could have around 30 to 40 %.

WELL - Re certainly Hon`ble Supreme Court has held 25 % Of Husband’s Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC [Read Judgment]...

Read more at: http://www.livelaw.in/25-husbands-net-salary-just-proper-awarded-maintenance-wife-sc/

Contact for Legal assistance in Jaipur.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1.Well, if you mention his income is more than one lakh in the maintenance petition then burden of proof lie on him to disprove this amount.So effectively then he will have to declare his actual income.

So you need not file any documentary evidence.

2.Yes, court can direct himt submit document.If he refuses to do so then the court can take adver presumption and would treat your quotation as true.

3.You can expect 1/4th of his income.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. How do you know that his monthly income is Rs. 1.1 lakhs? Is he employed or in business? If you have no such document to prove his income, you can state that he has the said income indicating through which source he earns the said amount per month.

2. Court will certainly ask him to submit his income proof which might be salary slip for last three years or income statements from his employer, if he is employed or his IT Return copies and balance sheet if he is in business. It will be beneficial for you if you can specify, preferably with with evidence, his income and the source of income.

3. Awarding of maintenance amount is with the discretion of the Court and ordinarily it is anywhere in between 1/3rd to 1/4th of husband's net monthly earnings after deducting I.Tax, P.F (if he is employed), mandatory medical expenses for parental chronic deceases etc.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1) You can file in court an application requesting the Court to order your husband to produce salary statements and bank returns. Also the court can ask both the parties to file an Affidavit disclosing complete income and Assets.

2) Yes you file an application before court.

3) See i cannot tell the exact amount as it depends on fact and circumstances of every case but a minimum amount of 25% of salary can be granted as maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Not his parent but he is responsible for the son.

In case he have relationship then you may file adultery as he filed 9 RCR to you which you don't follow at least.

The maintenance under section 125 CRPC will be allowed and if he doesn't submit the actual income it may be asked by the court directly from the employer.

The maintenance is dependent on social and economic background of the parties. You may expect 25 to 35%

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) If you could prove his income 1.1 lakhs p.m. Than you will entitled to get 25-30% maintenance for per month. Court can order him to submit Income proof, if he submitted only of 35-40 INR thousands than what, so you better prove his income.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1.) You just need to mention his organisation name in the petition and submit before court to send the notice to his organisation so that exact salary will be in the knowledge of court.

2.) Yes court can order to him for submit document related to his income. He has to file his income affidavit, if he found in giving the false affidavit then he can be liable for cheating, forged documents.

3.) There is no fix rule to calculate the amount of maintenance, it is depends on education, income, lifestyle, debts, liablities etc of both the parties.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello mam , you can ask upto 50 percent of his salary for yourself as well as for the child .. If he do not submit his salary proof to counter , the court will assume his salary that is being claimed by you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. You may request the Court to call upon his employer to furnish the requisite documents reflecting his salary etc. In the court.

2. 25thousand.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Concerned,

You can go ahead an file a case of maintenance and need not to prove his income as he himself will have to file a Income Affidavit and in pursuance the same once he declare his income he will have to pay maintenance to you.

Yes he can not abscond from maintenance to his child and parents he will have to pay maintenance however his parents will have to file a separate Crpc 125 application to claim maintenance.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Dear Madam,

My answers are as follows:

1. His income is 1.1 lakh pm but i dont have any documentary evidence. so how i can prove his income ?

Ans: You can bring secondary evidence like affidavits of co-workers of your husband etc., which will be guided by your advocate.

2. can court order to him for submit document related to his income .

Ans: On your application Court may direct his employer to submit salary details of your husband or you may examine the employer of your husband as your witness.

3. He have responsibility of our son and his parents also . after that how much maintenance i can expect ?

Ans: As per recent Supreme Court decision you are entitled for 25% of salary of your husband.

The Supreme Court directed a West Bengal resident earning a salary of Rs 95,527 to pay monthly alimony of Rs 20,000 to his ex-wife and 18-year-old son. The couple has been battling it out in court over maintenance since 2003 when the district judge fixed the amount at Rs 4,500. The high court later awarded maintenance at Rs 16,000 per month in 2015 and increased it to Rs 23,000 in 2016 as the husband's salary went up from Rs 63,842 to Rs 95,527.

The man had argued that since his ex-wife was a trained beautician and Montessori teacher earning Rs 30,000 while their son was now an 18-year-old, the alimony amount should be reduced. The ex-wife argued that additional money was required to support the higher education of their son.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file maintenance case in his RCR petition itself.

The court càn grant up to one third of his take home salary.

You can file a petition seeking his employer to produce his salary income details.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Hi,

You may expect the maintenance as per your status.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. The court will ask him to provide his income affidavit

2. Yes the court will order

3. You may expect 25% after deducting all the liabilities

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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