Yes, you can submit to the court.
Produce the following documents in your defense:
- Rent agreement
- Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
- Medical expenses of yourself and your parents about Rs.5000/- per month.
- Dependency certificate showing how many family members depend upon your salary like parents etc,
The following FAQ' will help you,
1. What is the maximum maintenance amount for a resident Indian?
A. Maximum is around Rs.3000 per month. Exceptions are very rare.
2.What is the maximum maintenance amount for a non-resident Indian (NRI)?
A. Maximum is about Rs.10000 per month. Exceptions are very rare.
3. Can I appeal the order of maintenance?
A. Yes. You can appeal (get it set-aside) within 3 months of the order.
Q. Can I bring some facts to the judge and get my maintenance reduced?
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).