Hi all. I have bought a house and for the down payment took a personal loan and done the down payment and later on took a housing loan which is like close to 70% of my salary and all this was before the divorce case started. Also I am the only son and have ageing parents which I have to take care of. Also I have to pay extra rent as I have to stay closr I am paying any interim maintenance of 15000/- so wanted to know what's the max amount I may be liable to pay as current situation is with all emi and other things I shell out close to office which is like close to 90% which is including my life cost in the cosmopolitan city. My total take home salary is close to 80000/- rs. Also I think I Am paying already a over price maintenance. Also. She is an sports trainer and earns close to 25000/- per month and stays in a cheaper cost city in her parents place. Also I have to look at my own savings and future retirement cost as in future it would be high. Last but not the least why are all Indian laws against man and we are always tored off emotional and mental and physical and above all financial. Is there any support for men in the Indian law?
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Since wife is highly qualified and working she would not get substantial amount as maintenance
2) Court would award her nominal amount as maintenance
3) court considers your net income , number of dependent’s while determining maintenance
4) your personal loans are not taken into account
Not that all the laws are against you.
The Supreme Court has off lately started taken a very strict stand against disgruntled wives which have set the trend of exploiting the women centric laws.
Your net salary will be taken into consideration to determine the quantum of maintenance that you are expected to pay to your wife.
If your wife is already earning sufficiently good, she is not entitled to any maintenance from you.
Hello,
I understand the situation that you are facing. The reason for women bias laws is that our society has always been a man dominant society and therefore laws were made to protect the interest of the women, which unfortunately are being misused now.
However, if she has the capacity to earn and she is maintaining herself on her own then you may challenge the order of maintenance on this ground before the HC.
Regards
Yes the home loan and personal loan taken in lieu of the house can be accepted as the liabilities along with the dependent parents so in that case you can contest the maintenance application on grounds of your liabilities and she is qualified and earning and can maintain herself.
Sir seeing wife income and your liabilities the court can decide the maintenance amount which shall be more or less similar to the current amount you are paying..
Sir all Indian laws are not against man though some are construed that way the maintenance provisions are for both husband and the wife, in case husband is unable to maintain he can ask for maintenance too. Further yes i agree some law are being misused that were made to protect the women so in that case man has to fight in court and get free from such case and that is the sad part.
Put all facts pertaining to your income and outgoings including existing liabilities in a proper affidavit or in written statement to divorce petition
Court will consider all that and also consider the income and expenses of the wife
You have to give proper cogent evidence for all your incomes and outgoings
For the evidence put forth by your wife, you get a chance to impeach her credibility by cross examining her
If you feel that the interim maintenance paid by you is high then you can take out an application to reduce the quantum of that maintenance
If court is satisfied with your reasons then your application will be allowed and interim maintenance will be reduced
Your assumption that law is biased towards women is based on assumption. Law is equal for both man and woman. In many cases the wife is ordered to pay maintenance to husband who does not have sufficient means to maintain himself
Dear Client,
Earning wife not entitle to maintenance but she can claim expanses incurred on marriage and court will considered your financial liabilities but this is not enough reason to escape from your responsibility to maintain your wife.
Court will consider her earning , if proved in court while ordering maintenance.
Generally the maintenance will be awarded on the basis of the proved income of the respondent.
However while considering the maintenance grant, the court will analyse the income of the petitioner also .
If she is employed and drawing handsome salary then the maintenance will be granted to the child alone.
Since your case is already decided what is your query about it at this stage?
Have filed a revision petition before high court?
You may file a revision petition with condone delay petition if it is delayed beyond the period allowed to file revision.
Hi,
Your final payment will be as per your paying capacities and your liabilities would be definitely considered. The interim maintenance may also be altered on your challenge.
Can I know how does the maintenance works in the following situation? 1. How do I prove post divorce that she is earning in cash or cheque if she is not disclosing her account or reality? 2 Now in the last 2 years I have not seen or met my kid. In the final conclusion part of the case if the court grants 100% custody of the kid to the Wife does that means I have no right to see my daughter? 3 What if she is in live in with a guy and financial support is received from her new guy in that case also I have to pay the maintenance? 4 If the property is under hypothecation by bank and I am the sole owner in that case also I have to sell the property and pay her half amount as per the goan Portuguese law?
File application in family court calling upon wife to produce her last 3 years income tax returns , her bank statements
2) court would award you visitation rights at least
3) wife guilty of adultery is not entitled to maintenance
4) you are from Pune how is Goan Portuguese law applicable to you
1. You have to probe the situation through your own sources.
2. Custody is different from visitation rights. The court will not deprive your rights in the manner what you imagine. If the court is passing any order which is aggrieving you then you may prefer an appeal agaisnt the order before the high court for relief and remedy.
3. You have to prove that before court while seeking to stop the maintenance to be aprid to her in future.
4. Your loan is a different situation, until the loan is not discharged in full you cannot claim the title or ownership of the property hence giving her a share in the property as per Goan laws will arise only when the property is returned to you with clear and marketable title, you can use this as a shield to defend your interest in the property at least for now.
Hi,
You may pray the court for giving her affidavit in regard to her income. You may also pray for the child custody and visitation rights. There are clear law in this regard that in case of adultery by her, you are not required to give any maintenance, alimony. You may ask for fulfilling your liabilities part by part and not sell the house.
1. As k the court to direct her to file income affidavit.
2. If that happens then yes you can not see your child, you may however challenge such order before the Higher Courts.
3. Prove before the court that she is in live in and in that case no maintenance will be given to her.
4. Kindly consult with a local lawyer once.
Regards