My wife has filed a divorce case and also asking for interim maintenance(incl her lawyer charges). I am taking care of my aged parents, their expenses, travelling to other state for court hearings, my lawyer fees, home loan which itself is eating up 90% of my monthly earnings. She is asking for 40-50% of my income as interim maintenance and trying to extort money by claiming streedhan which was never brought to matrimonial home at all, wedding expenses, household expenses when we were together. She has also filed a DV which I got to fight. As my parents are old and due to covid, I can't take them out in public transport or cabs which is really risky. Till now, I am using only bike to travel to my office. If I buy a car with the help of a car loan, is it legal & acceptable enough to show the EMI as a part of my expenses? Also, please suggest what are the legal acceptance expenses that can be shown from my side to the court and either get rid of interim maintenance or reduce the amount to max 8-10% of my income?
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A wife who is without employment is entitled to maintenance which must not exceed 1/4th of your income.
To consider your income your legitimate expenses towards yourself and your parents would be taken care of.
However EMI towards home loan ir car loan is not considered by court .
Its wise to settle the dispute amicably.
She is also very well educated and was earning around 60-70% of my salary but she had will-fully left her job citing office pressure and then left her matrimonial home on her own. She then filed the divorce case against me mentioning that I have asked her to leave her job. I fear that if she starts receiving interim maintenance, she will wantedly delay the case and the reduction in income will definitely impact my life & parents as well. Respected ones, please suggest ways to get rid of interim maintenance or reduce it as much as possible.
She may claim huge amount as interim maintenance, besides she may claim lawyer fees also.
It is not maintainable.
She has to prove your income by producing documentary evidence to establish her claim.
The court may pass an order to the extent of 25% of your take home salary.
The statutory deductions shall be taken into consideration while calculating your monthly income.
The car loan EMI repayment do not fall under statutory deductions.
We would definitely answer your questions lawfully and tactfully.
1- You may avoid to pay and get rid of maintenance and alimony to your wife if you prove legally she is deserting you deliberately and living in adultry is a ground to deny lawfully to provide her maintenance for ever and No alimony for lifetime.
2- If not then you can't avoid to pay her interim maintenance pending your divorce petition before the Court.
3- Interim maintenance depends on home take away salary by you and the standard your wife maintains as per her living standards of life.
4- Streedhan and final settlement would take place at the time of final order in the form of decree of divorce.
5- You may approach High Court for quashing DV case filed by your wife against you.
6- We do not wish to advice you for buying car and adjusting EMI against maintenance would go against you.Court may ask you take a loan and pay alimony to your wife by paying EMI to Bank the way you have take car on loan and EMI.
They can't force you to pay such huge amount I'M. It's illegal. You can object to it and show her capabilities to earn along with your expenses towards parents.
You can show your income is very less or don't produce your income true status. The interim maintenance is granted on her living of standard in the matrimonial home. So you can list down all expenses of yours and parents inculding their medical expenses etc. You can mention that your wife was working woman and to trouble you intentionally left the job and matrimonial house. Do you are ready to live with her and request to come back as per RCR so you don't have to pay maintenance.
1) court does not consider EMI towards car loan in reducing maintenance
2) court considers your income , wife income , standard of living, dependent parents in determining maintenance
You should emphasis the fact that wife is highly qualified and working and left job to claim maintenance
At present there is no need to travel parents to court. And dont show that you have purchase the car else definitely court will grant her good maintianance.
Non working wife entitle to 25% of net salary.
You can show your expenses excluding car emi, court will consider that and grant low maintainance.
To obtain maintainance, she need to prove domestic violence. You submit in court that she willingly left you and filed false case of dowry and DV. Than court may not grant her interim.
Just present the maximum proofs of your expenses and her income
Past job is wife is no reason to avoid maintenance unless its found she is highly qualified and without physical disability she is sitting at home.
- You can submit proof of above said expenses at the time of argument on interim maintenance , only claiming half of the maintenance is not enough , i.e. you should reply her case after mentioning each and every contents of her petitions.
- Further , if your parents are unable to appear be court , then you can move an application for exemption from personal hearing on behalf of them . specially due to the of Covid-19.
- Further , if she has filed a DV case, then your mother being a woman can also file her complaint under the same provision of domestic violence Act against her daughter in laws harassment.
- Further your parents can also file their complaint under the Senior citizen Act as well against her .
- Further, A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband.
- Hence, you can submit the details of her education and earlier job , if she left her job .
Dear Sir/Madam,
You are suggested the said car loan will be effective to show your expenses and you may cite the reason that you can't take your parents in public transport. You are suggested to submit an application to get an affidavit of income and assets related to your wife so that every thing will clear before the court and do submit all the expenses incurred by you and pray before the court to refuse the maintenance to her.
your idea of buying a car on a loan and showing the emis paid for it as an expense in the interim maintenance application filed by your wife, will backfire against you
so please think twice and carefully
you can claim all legitimate expenses and also how well she earns in order to bring down the interim maintenance amount claimed by her
but if try to round trip by showing extra expenses which have been made up by you just to reduce your liability for paying interim maintenance, then it can go against you
nobody takes their parents out everyday in the car
As a general rule, a wife cannot force her husband to pay for their divorce. Each party in the divorce action pays for his or her lawyer fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife's lawyer fees and costs
You have to show your income and expenses if the court demands it. You may show that the car is a necessity. Moreover you cannot travel and pay her maintenance too. You should explain it to the court that the amount spent should be deducted from her maintenance in case she is given maintenance. You cannot be expected to pay for travela and expenses and maintenance.
File a domestic violence case against her through your mother and sister in case she has lived with them.
Moreover, file a reply to the maintenance application. If she is earning then no maintenance.
If she has left your house without any real reason then she is not entitled to maintenance.
1. No it will not be legal or acceptable to show EMIs of Car loan as expenses in arguments of interim maintenance because Car is considered as a luxury Item and it is not a necessity for life.
2. Every exepenses which is a necessity in life or you and your parents will be considered valid by court.
3. You can take ground that your wife is capable of earning handsome money and left purposely to harass you by taking maintenance.
File section 9 of the HMA
