Maintenance & divorce settlement issues clarification required
This is my colleague Mr. Krishna problem. Pls suggest.
1 Month ago, Krishna & his wife had an understanding for MCD & Rs.3 L settlement in the Honble Court by depositing the sum as FDR on both names & should be withdrawn on 2nd notion & give her in the court. Later, again they demand for Rs.4L & after several pressures he had committed to pay Rs.4l.
Now, again they are demanding for Rs.5L & that too payable in the court, before she witnesses on 2nd notion. In turn he denied for this & cleared that it is not possible for 5lac as with all his efforts he had set up for Rs.4L & only it is payable in Hon. Court after her witness in the 2nd notion.
Finally they are threatening him that they will file for maintenance @ Rs.10 to 15,000/- irrespective of his earnings & have to pay the same for the lifetime without going for divorce.
His Profile: parents passed away at age 10yr . staying with his aunty + uncle + & their son. he work as a clerk @ Rs.7000/- per month. No salary register, PF, ESI , PAN no. Salary by cash only. His uncle & his son is also daily wage earners & hisaunt is a cancer patient. None of them are having no assets/properties/deposits etc. All of them are depended on daily earnings. No matrimonial life lead from day1 of the marriage, no children. married in 2010, 498a filed in 2012, staying separate since 2012. 498a is still under postponing since 2012. no 1st hearing. till date.
Now, I need to know
1.) on what parameters the court finalizes the maintenance amount. Basing on his profile, do court orders to pay the said maintenance ignoring his earnings & problems. Or what can be the maintenance he will be ordered.
2.) Is there any chance to the opponents to submit false information about his earnings. (as their lawyer said he will show his salary is Rs.25,000/-.
3.) If maintenance case is filed, what time it takes to finalized the issue.
4.) What is the best way to pay settlement either FDR after witnessing or after divorce is granted by the court, or any other ways.
Your valuable suggestions are required Sir. Pls.
on behalf of