Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 12. Judgments about maintenance amount when multiple cases Maintenance amount in CrPC 125 along with HMA 24 Rs 7000 given in HMA 24 when already Rs 2000 in CrPC 125, husband income 45000, ailing mother Use this judgment when several facts in your case are similar to following\ If there is possibility of you being asked to pay maintenance both under HMA 24 and CrPC 125, either now or in future because you already have or intend to file RCR, divorce etc under HMA You want to get an idea of how much maintenance amount in total you may be asked to pay Kaushik Das vs Soumita Das - Kolkata HC 2014 Important parts of judgment\ The petitioner … [Read more...] about Ch 12. Judgments about maintenance amount when multiple cases

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 11. Judgments about wife's eligibility for maintenance and how much amount awarded How decided if wife unable to maintain herself? Wife unable to maintain herself decided based on material placed on record Use this judgment when several facts in your case are similar to following\ Wife has filed CrPC 125 case and demands maintenance You want to know how court will assess whether she is eligible for maintenance under CrPC 125 How court will determine her required standard of living for which maintenance asked for Note: Amount of maintenance has to be consistent with the standard of living wife was used to at the place of her husband. … [Read more...] about Ch 11. Judgments about wife’s eligibility for maintenance and how much amount awarded

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 10. How to use judgments and precedents? In Chapter 6, we covered how to file objections to wife's maintenance application under CrPC 125 or DV Act. Under CrPC 125, the main way to deny maintenance amount is to deny any neglect or refusal on part of husband. Under DV Act, the main objection of husband should be to deny all allegations of domestic violence made by wife - be they of any form -- whether physical, emotional, economic abuse etc. Some of the evidence collected as suggested in Chapter 8, should be produced in court to show that her allegations are malicious and motivated with sole purpose to harass husband, and claim maintenance. One … [Read more...] about Ch 10. How to use judgments and precedents?

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Ch 9. Myths and things one should not do Myth 1: Leaving job will help me save maintenance This is a perennial favourite and a first thought in minds of some people, when they get a maintenance case filed on them. "If I leave my job, I won't have any income. If I don't have income, how can the judge ask me to give maintenance to wife?" There are few points we should take note of: Any strategy or tactic which is too obvious, would have been thought of by many other husbands in the past, who got maintenance cases on them. They would have tried them, and slowly the judges would have learnt how to take care of such cases. Unless you … [Read more...] about Ch 9. Myths and things one should not do

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) List investments and expenses to show reduced in-hand income One of the common techniques to save on maintenance is to reduce one's in-hand income by showing more expenses. Of course, the expenses have to be of useful rather than wasteful nature, and it is better if the spending is towards creating an asset like a house, or investments for pension, old age security etc. Many people have only a vague idea of their actual expenses per month, and so they would tend to underestimate their household and personal expenses every month. So the first exercise is to sit down and list down the following monthly expenses: Regular monthly expenses Basic … [Read more...] about Ch 8-3. Own investments, expenses, maintenance to parents

Note: By continuing to read below chapter from book you agree to be bound by copyright/IP and the terms and conditions of license (details here) Earnings or Qualifications? An often repeated statement by husbands who face maintenance cases is: "My wife works but I don't have any proof." Well, how about collecting some? To reduce or deny maintenance to wife, the single most important thing is proof of her income or working status. She may be a qualified PhD, but that won't matter much if she has never worked in her life. I know my above statement would make some people indignant with righteous anger. "How can we allow such women to claim maintenance, when they have such qualifications?". Well, I couldn't agree more! My point is not about educational qualifications … [Read more...] about Ch 8-1. Wife’s Earnings, Qualifications, finding proofs