How wife maintenance can be minimised
Married on 7th may 2014 i am the husband.
Internal differences arises due to my refusal to get separated from my parrnts.
She often asked about divorce without any reason.
On 28th oct she hit me and when i stopped her she made a scene out of it and blamed me for hitting her.
Her mother came on29 oct and took her to their home without any genuine reason.
I have recorded all the conversation where it is clear that dowry or dv was not the cause and I wanted my wife to stay with me.
Even our village pradhan intervened but girl said she is going wih her own will.
They have shunned all communications with us.most probably they will go for maintenance or dv or dowry(obviously all false cases )
Please suggest how can i approach to the problem with audio recordings and village pradhan as witness.
What shall be amount of monthly maintenance if my monthly gross income is 80k(without tax ded.)?after deduction 60K.Both my parents are dependent on me.
My wife is having masters degree(Political science) age 29, time period of marriage is 6months.
Shall any witnesses or recordings do any god to bring down the amount.?What if I take a home loan(any loan) right now will it bring down the amount? does owning a car,laptop ,bike and bank balance have any bearing on deciding maintenance?If yes shall Transferring money from my account to different account (parents ) save me some bucks?
Approximately what amount she will get? and please provide some suggestion by which this amount can be minimised?
Asked in Family Law from Sonebhadra, Uttar Pradesh
1. If the wife is not employed it is very difficult to avoid maintenance if wife more so in a case u/s 125 crpc which is a summary trial. The supreme only couple of weeks back held that leaving of wife from matrimonial home should not be criteria to avoid maintenance in a proceeding u/s 125 cpc case.
2. That the quantum of maintenance is granted 1/3rd to 1/5th income of the husband. Tax deductions are taken into account while computing the net income of the husband,
3. You can bring the evidence of the Pradhan or electronic recordings but only when the trial starts. Before that the court fixes interim maintenance on oral submission based on case record of respective parties.
1) you should emphasise on her educational qualifications . that your wife is MA in political science she can easily get a decent job .
2) generally maintenance awarded is 1/3rd of your income . you should also emphasise on fact that your parents are old and dependent on you .
3) audio recordings will help you only in trial . for deciding issue of interim maintenance court will not consider them at the stage for interim reliefs
Thank you for your valuable information sir.
Does my Bank balance has any bearing on deciding it? I also own a bike,second hand car and a laptop will they effect the amount?
Asked 2 years ago
Hi, the maintenance amount paid to wife is depending upon salary and social status and standard of living and it is purely a discretionary of the court normally while deciding the quantum of maintenance all these factors are considered however you may show loan account and other things but it may reduce the maintenance to an certain extent but not completely but one thing you remember in normally it is a discretion of the judge.
1) dont keep much cash in bank . keep on with drawing cash from bank .
2) court consider lifestyle of husband while determining amount of maintenance . bike is normal in every household and you need laptop or desktop for office work and for use of internet facilities . it wont affect your maintenance amount
Hi, all the above shows your standard of living but if your wife able to prove that you have Bank balance of Rupees so and so amount by way of documentary evidence then then it will effect you or otherwise it will not.
1. Lodge a police complaint alleging that your wife has left her matrimonial home of her own will without your consent. It will to some extent immunise you from her complaint that you have thrown her out of your house, if any,
2. If she filea a maintenance petition u/s125 of Cr.P.C., generally the amount awarded is anything in between 1/5th to 1/3rd of your net monthly income,
3. You can certainly produce the pradhan as witness at appropriate time.
1. While awarding maintenance for wife, husband's status is considered by the Court,
2. Savings available with Bank certainly denotes status,
3. However, taking out amount from the Bank blatantly, as a precautionery measure to reduce prospective maintenance amount will certainly be pointed out by your wife's lawyer and it may have negative impact on you.
1. The educational qualifications of your wife have to be stressed upon in the court. Many wives in spite of their educational qualifications deliberately do not work in order to get maintenance.
2. Nobody can foretell what would be the amount of maintenance, albeit it is not less than 1/3rd of husband’s income. Various factors such as the conduct and salary of husband, etc are to be considered.
3. Audio/video recordings are valid evidences which can be used during the case to prove or disprove a fact.
1. It is not wise to keep too much cash in the bank, but withdrawing the entire amount may also backfire. A higher amount in the savings bank account may result in higher amount of maintenance being given to your wife.
2. Laptop and bike are necessities of life. They are not luxuries. So the court will not record a finding against you on this basis.
Once your source of income(salary) was revealed in the court by way of salary slip/certificate by wife,1/3 of the same be given to wife who is otherwise not capable of maintain herself dependently.
You must avoid to file any case against her or her parents. If wife has no reasonable cause to live separately then she can not claim maintenance, so you should feel free but collect all evidence towards her cruelty. In maintenance proceeding you must plead that you are willing to live withher. In this condition burden of proof will shift upon your wife to proof your cruelty or any reason for living seperately.