• Wife asking for maintenance

Hi Everyone

 Recently my wife filled for Maintenance case against me and asking 40000/month as interim maintenance. She has claimed that i earn 85000 per month.I run online business and my earning fluctuates every month.

She holds MBA degree and i have done Engineering.

When she was staying with me, she was getting salary of 28000/month working full time with company. But in Lok adalat she said that she is working part time only and getting salary of 14000/month.

I am sure she works full time with company. I was able to get online statement of her salary account and noticed that 14000 is getting deposited every month (from last 8 months) as her salary. She is a HR admin and handles salary of company staff, so i am sure she have done some kind of manipulation with her salary. 

So my question is ..

1>Is there way to prove her real salary? I mean when she joined the company, her salary was 28000 and how can it be 14000 in few months just before filing a maintenance case?

2> She said that she works part time with company. How can i prove that she works full time? I am sure company wont give me details of her working hours.

3> What other options do i have to make my case stronger and keep maintenance as low as possible?
Asked 6 years ago in Family Law
Religion: Sikh

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18 Answers

File application in court, to summon her employer to submit her salary slip. Also to submit her appointment letter.

Prove her income any how for reduce maintenance and if she failed to prove domestic violence, no maintainance payable.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

File application calling upon wife to produce her last 3 years income tax returns, bank statements 

 

2) also list of her investments in shares and mutual funds, fixed deposit 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

An educated woman is not eligible for maintenance. This is in the spirit of the law. But different trial court gives different judgements. There are many high court order disallowing maintenance claim by educated woman.

All you need to do is to engage some good lawyer who can fight strongly in court with reference to relevant high court or supreme court judgement. 

It all matters how you defend your case in court. Some are lucky with no maintenance order while some are paying high maintenance to their educated and working wifes.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

To prove her salary get the record of salary summoned from authorized representative of the company calling him as witness with permission of the court.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. You can ask her salary on affidavit before court and notice can be given to her company person to present proof of her salary in court.

2  Pray before court to call her manager to come for examination and cross examination in court.

3. See if she is earning contest on amount and state your liabilities and stress on that she is qualified.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello Sir,

You can prove her take home salary by producing the online statement.

But, the interim maintenance or maintenance can claim by the wife when she is not able to maintain herself.  when she is being a working women and received salary of Rs.14,000/- pm as per her own admission she cannot claim any maintenance. You contest the maintenance case by engaging an advocate and you will get a favorable order.

2. Even assuming that she is an unemployed and seeking maintenance, it is her bounded duty to prove your annual income before the court, mere claim of seeking maintenance of Rs. 40,000/- would not give her a fruitful solution. 

 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

You may move an application to summon her employer  with records related to her employment including her income. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can object the same in court on grounds of her income. 

2. You can file application in court to direct them to produce salary slips,  work timings and attendance records. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

See can firstly ask you to provide income tax returns ans income on oath before the court.

See it is better to.disclose same before the court as per your statements.

See if your income from last 6.month is less court based on same can also decide the matter.

See it may help the case but there are chances that it can increase complications in life if friend

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No they will not do so.  They will hear you consider your present earnings and expenses and then decide maintenance.  You can make it deposit in frnds account but it will be an illegal Act and I will not advice you the same

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Income proof by ITR or salary slip.

Show your recent income only, acc. to fluctuation in income, court will take average income to decide maintenance.

Yes.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. You may try to prove her real income by seeking production of her bank statements, ITR etc. Also to demote her from full-time to part-time, there must have been some correspondence from her Company, seek that also. You can also highlight her reduced income during arguments to claim that she has intentionally and deliberately left her full time job only to harass you. 

2. Put a detective behind her.  Issue witness summons to the Company.  

3. To ensure you are not saddled with high maintenance, it is important that first and foremost you leave no ambiguity as far as your financials are concerned.  Businessmen are as it is considered to be guilty of not disclosing full income.  Dont make it worse by not producing the income proof sought by her as otherwise Courts will be perforced to draw adverse inference. Secondly, highlight your dependents. 

4. She may seek production of the Profit and Loss Accounts of your business,  your bank details and all other proofs of your income to substantiate her claims of your income. 

5. Court has to consider everything but it also depends on how it is presented. 

6. Yes, you may do that. Do no, however, show a drastic reduction in income or no income as that would cause the Court to get suspicious.  Show a moderate income.  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

1) consult your CA for planning your income tax returns 

 

2) court can direct you to produce your bank statements , tax returns which would reflect your income 

 

3) if your earnings have dropped Court would consider said fact in determining maintenance 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

Probably she may file based on the IT return.  If she failed to prove your income through  the documents then court may ask you to produce the document to show your income.  In such a situation,  you have to prove your case that your yearly income is lower than your wife's claim. 

If the wife herself deserted from the marital home and living separately and able to maintain herself from her earning she cannot claim maintenance from her husband. Focus this point in your case you will get a favorable order. 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

Dear Sir,

Produce the following documents in your defense:

  1. Rent agreement
  2. Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
  3. Medical expenses of yourself and your parents about Rs.5000/- per month.
  4. Dependency certificate showing how many family members depend upon your salary like parents etc,

 

  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? 
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).

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. You can file a petition  before court seeking to direct her employer to produce her salary details which will prove her salary income.

2. The company has to provide the details of her employment when it is receiving a summon from court to produce the same.

3. You can deny to pay her any maintenance if you prove her salary income and the employment details before court.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

It is her burden to prove your income before court with documentary evidences.

If she is not able to prove it then you can state in affidavit that yo dont earn more than 40,000/- per month on an average  hence cannot give her maintenance amount , moreover he is employed and drawing a handsome salary she is not eligible for maintenance.

You can consult your advocate on further issues.

 

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

The another way for finding her Income is to file RTI for getting copy of her IT returns.

There is no way of finding that she is working full time or part time if company is not providing the details of her job. 

You can tender her last 3 year ITR in which it can beCome clear that she is capable of earning around 30 k per month. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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