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Author Topic: MARRIAGE Duration and maintenance Relation  (Read 505 times)

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Offline vishaal

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MARRIAGE Duration and maintenance Relation
« on: March 19, 2016, 02:36:02 AM »
My wife stayed with me 2 month after marriage and than left my house.Now she has filed false dowry case and saying that she can easily get 30 thousand per month as interim maintenance and won't give divorce to me until I wont give her 20 lakhs.My salary after deduction is 80k and i am really depressed that my hard earned money would be misused in such a way.Please suggest how much money she can get ,she is not working but have done B.Ed .My parents are dependent on me.

Offline rajgopal sripathi

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Re: MARRIAGE Duration and maintenance Relation
« Reply #1 on: March 19, 2016, 03:10:50 AM »
Hi
You will need to contest the claim of maintenance very vigorously.
you should first contest the claim based on deserting(if a wife leaves the home on her own accord, she is not eligible for maintenance).
second maintenance and final settlement is based on your income minus liabilities.  Because you are earning 80K per month alone will not be the criteria for grant of maintenance. your lawyer should contest the claim very seriously in the trial court only
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: MARRIAGE Duration and maintenance Relation
« Reply #2 on: March 22, 2016, 07:09:12 PM »
Let me tell you there is no specific law about the quantum of maintenance but at same time it has been cited that several judgement has been passed to pay half salary to the wife. At a same time it is also true that if it is found and suspicious that she may have separate income then quantum of maintenance will be reduce. Further during cross examination you can ask her accounts of expenses in comparison to her demand of Rs.30000 per month.

For further consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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