• Maintenance amount clarity required

Hi Team, 

I am working out of country & get married 4 yrs back, I had not talked to my wife before marriage as their family planned in a way to avoid conversation.

Also the truth is, i was not ready for this marriage but due to my family pressure, could not gather the courage to refuse, its cause of the way of my upbringing.

Since my marriage, i stayed in India for every 1 months in a interval of every 3 months , That makes 3 to 4 months stay in a year in India. I use to travel India 3 to 4 times in a year for min. 1 month.

My parents are old and she don't wanna serve at my home as she wants me to bring her out of country. But due to my financial issues & visa issues, i did not bring her to out of country.
I was completely broken which caused me physical & as well as mental trauma.

Initially i tried every possible way to save my marriage but once i realized that in any circumstances , we are unable to live together, then i talked to her parents as we both had differences in thoughts, attitude. My wife went back to his parents house one year before from now , to attend her relative marriage and since then she haven't returned.

I had many discussions with her parents and tried to convince them that now i wont be able to live with her in any condition but i am ready for any settlement so that she can live her life as she want . 
I had no issue in offering whatever i have according to their wish. But they threatens me to file different cases against me & my family.

The day i flied out of India last month, They have filed a case for maintenance only knowing that i have loans & debts to pay off , i would not be able to pay 50% of my salary as maintenance & also threatening to put other cases too (Dowry, harassment, etc), 
According to my sources, Someone advised them to file for maintenance and try to get a big amount as long as they can take, cause maintenance they can claim anytime as i will suffer and will pay later.

Now i am ready to face anything, even ready to quit my job and to go jail also, but will not be possible for me to live together.

Could you please advise what should i do in order to save myself from false cases in future ?

Also please guide me that whether court takes wife city expenses & my foreign expenses in consideration, cause for small city even 25k is more than enough for live life happily but in foreign countries, with 80 thousands also a person struggle to live life & save for other expenses ?

Pls also tell me if i quite my job and do nothing in India then what will be maintenance and how it will be decided ? I am earning 115000 Rs. per month,
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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15 Answers

See in case you quit job and live unemployed then also based on previous salary can order you to pay the maintenance. The court can give upto 25 percent of salary in maintenance to your wife and you can.comtest same in the court.

See in order to save yourself from false cases enter in MoU with you wife for mutual divorce and take a mutual divorce by arriving at a settlment amount.

Further you both are not living together from more then a year even if she file false case that can be contested but then again it will increase legal hessel so better to amicable settle pay her the amount and lead life peaceful.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

I would advise you to start depositing 25k into her account from today only. If by chance she files a case then you can show your bonafide that without court order also you are giving maintenance.

There will be no jail, do not worry. Let me know in case further discussion is required.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. First note that remaining unemployed is no excuse to avoid maintenance and in such circumstances your salary would be taken into account to grant maintenance.

2. The amount of maintenance would be 1/3 to 1/5th of your gross salary minus statutory deductions.

3. So if you quit the job then you will have to provide her maintenance put of your savings. In other words remaining unemployed is not a solution is such event. Rather highlight her atrocities in the maintenance case so a minimum amount is granted as maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Just forget the idea of quitting the job and please keep in your mind that the maintenance is decided by the court on the social and economic back ground of the both the parties. it is not decided only and the assumption and request of one party. normally in cases of family disputes in most of the cases the other party need not to go to jail for every now and then without doing any serious crime. please take it easy and face the challenges that is coming to you

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Please understand that maintenance can not be denied on the ground that you are not working at present. As a husband, however your relationship is you are bound to maintain the wife.

Re

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes. A number of factors are to be considered by the family court before making a maintenance order. It's generally one-third to one-fifth of the earnings of the working spouse.

It's a settled law that the spouse which is earning is suppose to maintain his/ her spouse.

Quitting your job won't help you to avoid paying maintenance to your wife as court may still award maintenance to her.

The court would definitely factor, if argued properly in court that living expenses in foreign country is more than india and maintenance may be awarded accordingly.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Then court can reduce.the amount in case you loose job but may order to pay some amount under 125 crpc.

Yes you can co test her application for maintenance on.ground of dependent parents , expenses emi and medical. 25000 is just and proper amount for you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

no court would award your 50 per cent of income as maintenance to wife

2) court at most would award 30 per cent of net income after taxes as maintenance

3)court considers your income , wife income , standard of living , number of dependents while determining maintenance

4) even if you dont work you are liable to pay wife maintenance

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

court considers various parameters while determining maintenance

2) if wife is living in small city and you are working abroad staying in rented flat court considers said fact in determining maintenance

3) court does not consider your personal loans taken by you in determining maintenance

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. If at the time of grant of maintenance you still earn in foreign currency then the court can be shown the concept the PPP ( Purchase Power Parity) so the expenses in abroad in also taken into account.

2. However your income after PPP consideration alone is a guiding factor her stay in a small city is of no consideration.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

For ther purpose of not giving maintenance to her, you cannot think of ruining your future and career.

She cannot get whatever she puts as maintenance claim in her petition until she proves your income with substantial evidence.

You can challenge her maintenance case by participating in the case through your advocate and a power of attorney agent.

There is no compulsion on you to continue the married life with her against your wishes.

You can file a divorce case against her on the grounds of mental cruelty

Let she lodge a criminal complaint on the false allegation of dowry, you can challenge that also in the trial court on the basis of evidences in your side and merits.

Thin twice before taking any drastic step on your employment

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The insisted court order is on the criminal case.

This is a civil nature case.

Who gave the information of the pending case to the employer?

The earnings in foreign cannot be compared with the earnings in India, however it is your duty to convince the court about the standard of living and expenses involved in a foreign country to that of Indian standards.

There are no standard parameter by which the quantum of maintenance can be decided.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. You should first see which are your weak points which the lawyer of your wife might take up to understand your legal position. There are several issues which might go against you legally as given under which your wife's lawyer can raise before the Court if your matter goes to the Court:

a. You knew that financially you are not sound to take her to your place of working even then you have married her.

b. Your statement that you were forced to marry her has no legal consequence in this issue.

c. You can not marry a girl for serving your parents.

d. Your wife shall have all the rights to stay with you where ever you are staying which you can not refuse.

e. Marriage is not solemnised on whims and fancies and called off whenever it is so felt.

f. You have ruined her life by arranging to marry her without telling her that you are actually seeking a free maid to serve your parents and not for staying with you.

2. So, if you want to file a divorce suit against her, you shall have to show adequate ground acceptable by law to grant you decree of divorce, like cruelty, desertion etc. So, unless you have collected adequate evidence of her act of cruelty on you, you should not venture for filing divorce suit against her.

3. It will be difficult for her to lodge a police complaint u/s498A of IPC alleging dowry harassment since you hardly stayed with her and now a days she does not stay with you. However, if she so lodges the 498A complaint and police registers FIR against you, all the accused shall have to avail anticipatory bail and then contest the case fittingly.

4. She can claim maintenance from you which will be decided by the Court and shall be around 1/3rd to 1/4th of your net monthly earnings i.e. your earning in foreign currency multiplied by purchasing power parity of Rupee with that currency..

5. You can not escape the responsibility to maintain your wife after marriage and the Supreme Court has already opined that the husband shall have to maintain his wife by begging or borrowing. So, your giving upm the job and returning to India will not help you legally.

6. If you staying together as husband and wife is no longer possible, it will be prudent on your part to negotiate with her and jointly file mutual consent divorce petition on agreed terms which will be disposed off within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can make such arguments before the Court which will be immediately countered by her lawyer asking

a. why have you not sent and are not sending money to your wife for her maintenance after marrying her leaving her for starvation?

b. what wrong step did she take to seek legal intervention for getting maintenance for her living?

2. So, it will be difficult for you to establish that she is at fault to claim maintenance from you even when you did not send her money and for her such claiming money for her maintenance through Court, you have lost your job.

3. If you loose your job, then the Court may award maintenance amount to her which will be required for her basic needs which might increase after you get employment.

4. As explained in my earlier post, maintenance amount will be decided by the Court and shall be around 1/3rd to 1/4th of your net monthly earnings i.e. your earning in foreign currency multiplied by purchasing power parity of Rupee against that foreign currency.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can oppose the maintenance application and prove the court you have limited income after all your expenses. You can contest all false cases through effective cross examination. You can later file cases for misusing the state machinery and false Complaint against you.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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