Lower court has setteled maintenance of Rs. 45000/- to my wife while My gross salary is Rs 190000 per month.Is there any possibility to get this amount reduced by appealing in high court.
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1. The amount of maintenance a wife is entitled to is upto the level 25% of your income.
2. Considering this thumb rule the quantum of maintenance so fixed by court seems quite reasonable.
3. In that context challenging this order would not be advisable.
What is your net salary ?
court considers your net income , wife income , Standard of living in determining maintenance
3) you have not mentioned whether your wife is working or not
It depends on your liabilities like maintenance amount paid to old parents, loan EMIs, purchasing power parity, income of wife, her qualifications, children etc.
Gross salary alone cannot be used to decide maintenance amount.
Please disclose more facts, so as to enable me to render your more concrete advice.
If wife is earning and capable of maintaining herself then only there is possibility to lower such maintenance amount.
Dear sir
There. Will be very law chances of getting the maintenance to reduce because your salary is around 2 lakhs and the maintenance is only 1/4 of your salary.
But there is nothing wrong in trying. You should Go for appeal.
You may file an appeal before the High Court and get the amount set aside or reduced in your favour.
Chances are difficult but you can try if she is earning and well qualified court may consider
I want to add some more points: 1. My wife is postgraduate and currently pursuing LLB. 2. Her parents are very rich. 3. We do not have any kids. 4. My father is 69 year old while my mother is 63 years both of them are only medically dependent on me. 5. My wife writes articles for newspaper and magazines as an independent journalist. 6. I want to mention here that every month I pay around 50000 rupees as income tax. 7. I have filed divorce in the year 2014 on the basis of cruelty.
1) You have not mentioned whether your wife is paid for articles written as journalist
2) what is her declared income as per income tax returns ?
3) court considers fact that you have dependent parents while awarding maintenance
4) your net income is considered and not gross income while determining maintenance
See if there is proof of her income and you have filed same before the lower court then only same would be acceptable in appeal. Her parents 8ncome is immaterial though you can plead your liabilities to get maintenance reduced.
Dear sir
Income of her parents can not be counted as factor for deciding the maintenance. But her education and income can be very important factor for maintenance calculation.
You must go for an appeal in family court.
1. The income of parents of your wife has no consideration.
2. Irrespective of educational background of your wife unless you could establish her present income status. her right for maintenance can not be avoided.
3. Court only takes into account the statutory deductions and not the optional dedications.
4. Suit for divorce has no nexus with her claim for maintenance .
Hi,
In the present circumstances, you are suggested to file revision or appeal as applicable to high court citing your reasons.
Then you can go for modification of the order through appeal based on the above facts
first of all please note that the education of the wife is immaterial if she is not working and any amount decided by the lower Court has maintenance can only be challenged on the grounds which are acceptable by the court.
The financial position of the family of your wife makes no difference in deciding the maintenance amount however their social status may increased the amount of maintenance but you can contest the maintenance amount allowed by the lower Court on the ground staff your salary and liabilities including your Income Tax liability to satisfy the high court to revise the amount of maintenance
Dear Sir,
The following FAQ's will help you:
Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
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).
In the lights of the facts narrated by you, the maintenance amount is on the higher side.
You should definitely prefer an appeal against the order granting her such high and unjustified maintenance amount.
Yes,you can make an appeal.As she is a post graduate and be able to earn on her own,you can make an appeal to revise the decision of the lower court.
- Generally Court awarded maintenance ,1/3 of the husands net income.
- So, to reduce the maintenance , you should increase your liability through expenses on monthly investments like
EPF,GPF,VPF,Life Insurance,Medical insurance, or long term investments on the name of your parents even and
you should show the other responsibilit upon your shoulder.
- Yes, you should approach the appealing court to reduce the said maintenance ,after showing your responsiblities and expenditues afresh.
1. Since, she is a educated lady , It means , she can arrange her maintenance but voluntarily not opting to work for harassing her husband.
2. Since, her parents are rich , it means, she is not facing hardship for her day to day maintenance . Good ground for appeal.
3. It means she has no responsibility except her maintenance. Appealet court will consider this facts as well to reduce the maintenance awarded by the trial court.
4. Good ground to reduce the maintenance , as i already mentioned above.
5. You should arrange evidence/proof for the same to produce before the court . If you are having proof for the same , maintenance awarded will be reduced to the minimum.
6. I have already mentioned above as a good ground to reduce the awarded maintenance.
7. Yes, you can use the CRUELTY ground as well , to proof that she is not interested with her husband but only monetary benefit.
A criminal revision must be filed before the high court citing all these reasons as you have stated. Your case has merits.
Regards
moreover if you are serious about divorce then try to expedite the process.
What is the reason that you would like to reduce this amount, if you have reasonable evidences and reasons seeking to reduce the same, you may file a CMA before high court seeking to reduce the same
The said reasons cannot entitle you to reduce the maintenance amount.
The are not sufficient or strong reasons.
You can produce some other concrete evidences or reasons to request reduction in the maintenance amount