• How much alimony can wife claim in divorce

Hello Lawyers,

This is in continuation of my earlier question: https://www.kaanoon.com/4189/divorce-how-much-alimony-wife-can-claim

I am earning 70K per month and 42K goes in home loan (took in Feb 2014) , Case for RCR is filed in June 2014?

As informed earlier, Marriage duration : 4 yrs and no children

1. Should I show home loan to reduce my wife maintenance amount? She is likely to file for maintenance in next hearing.

2. I have not informed my wife about the home loan. Property is in my name only (i have added my mother name as first applicant but she has not contributed any amount to it).
Can my wife claim over the property?

3. I came to know that my wife is doing job and earning Rs- 8000 per month but she is not getting any payslip or there is no income tax return filed.
How can I show her income as after getting some evidence via detective agency (photos/video where she is working), she can resign and ask the judge that she is jobless now. 
Will judge agree to her point as the employer can also say that she has left the job.

Please provide your views on property rights and job evidence.
Asked 2 years ago in Family Law from Kalyan, Maharashtra
Religion: Sikh
1.yes.

2.no.

3.you can file application in court to direct her employer to state her salary amount on its letter head, when she files maintenance case.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Yes, you should show the said home loan and all other mandatory expenses like medical expenses on you and your parents to reduce your net monthly income. Since, you have been paying the EMI, you can show it as your mandatory expenses. Wives can claim maintenance but not share of husband's property during his lifetime,

2. Has she left your house of her own accord? There is a supreme court judgment stating that educated wives can not claim maintenance. Ask your lawyer to contest her claim accordingly,

3. If there is no salary slip, there must be some voucher made while paying salary to your wife. Arrange to collect copies of the same through detective agency,

4. If she leaves the job, your lawyer can argue that she has left it to prove that she is unemployed before the Court whereas she is capable to earn and maintain herself.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
She can't claim right over the same. She can ask 1/3 of your income as maintainence amount.if she doesn't comply with order of RCR she can't claim maintainence if she can't give a resonable reason for not joining you.you can show your expenses in the maintainence counter petition and ask court to reduce the maintainence amount.if you show by evidence only court will take into consideration that she is earning
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) since you have already taken home loan and paying EMI of Rs 42,000 no harm in showing the said home loan to reduce your monthly income 

2) your wife has no ownership rights on said property bu can claim right to stay in matrimonial home . she can obtan injunction restraining you from selling the flat 

3)engage a detective agency gather proof of her employment . even if she leaves job you can argue she left job to show that she is unemployed .number of judgements on the issue that working wife who leaves job is not entitled to maintenance
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1. Without a shadow of doubt you should inform the court about home loan @ 42,000 INR to cut down your net income. In addition to this, your other expenses such as financial support (if any) given by you to your parents should also be set forth. If you do not do this then court will fix maintenance in the light of your net income of 70,000 INR. 

2. Under the existing law wife has no right to claim a share in the property of her husband.

3. If your wife was getting the pay slip and/or was an income tax assessee you could have produced these documents in the court to prove that she is working. Since that is not the case, you can avail the services of a detective agency to gather the necessary proof. It is normal practice in such cases to collect proof through a detective agency. If the detective agency succeeds in collecting the proof in the form of pictures, videos or voucher showing the disbursal of amount to your wife it may be maneuvered by you in your favour. Such proof is considered to be valid. On the basis of such proof the court may altogether dismiss her claim for financial support. If the employer does not issue her the salary slip then she must be on probation, in which event the employer will refuse to accept her as his employee.

4. If she resigns her job you can state that she left it with the object of getting a higher amount from you by projecting herself as unemployed in the court.
Ashish Davessar
Advocate, Jaipur
18093 Answers
448 Consultations
5.0 on 5.0
Hi, while arguing the matter you can produce the documents before the court that   how much money will go for EMI and other expenses so based on the court will pass an order of maintenance and secondly wife will not entitled for property of yours she has only entitled for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
you must show EMI & other mandetary expenditure so as to reduce your net income. wife can not claim on property but she may ask residence orders
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
my opinion on your queries are as under:

1. Should I show home loan to reduce my wife maintenance amount? She is likely to file for maintenance in next hearing.
Opinion: Only mandatory Tax deduction may be count for reducing the maintenance, other transaction not, as home loan is your savings so the court may consider it as income.

2. I have not informed my wife about the home loan. Property is in my name only (i have added my mother name as first applicant but she has not contributed any amount to it).
Can my wife claim over the property?
Opinion: No, She can not claim any share in your property.

3. I came to know that my wife is doing job and earning Rs- 8000 per month but she is not getting any payslip or there is no income tax return filed.
Opinion: When she filed the case then at the time of hearing you may approach the court for filing detailed affidavit for income and assets as per direction of Delhi High Court in the case of Puneet Kaur v/s Inderjeet.

How can I show her income as after getting some evidence via detective agency (photos/video where she is working), she can resign and ask the judge that she is jobless now. 
Opinion: if she filed wrong affidavit then you may file an application/complaint u/s 340 of Cr.P.C against her.

Will judge agree to her point as the employer can also say that she has left the job.
Opinion: It may be.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
You can show ur loan to reduce the amount of maintenance payable if she files for the maintenance in court. She cannot claim any right in the property acquired by you in ur name. You can ask the judge to direct the employer to submit her income statement or something on his letter head to show that she is earning enough money to maintain herself.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0

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