Section 125
4 years ago
My wife has filed a divorse case in grounds of adultry. I filed sec 9 and was asked to pay 1.5 lakh as intrim maintainence (for kids) and 30k as litigation charges. Both of us earn 1.4 lakh p/m each. Emi of the flat (44k) was paid by me untill April, but now she has agreed to pay. She is living in that flat and forced me to move out. We have 2 daughters 5.5 yrs and 2.5 yrs. Now i have withdrawn sec 9 and she has filed sec 125 on behalf of kids. What could be my liability.
Your liability is only to the extent of 50% maintenance of your children.
Thanks.
Shreyash Mohta
Responded 4 years ago
1. TO provide the wife her maintenance
2. TO maintain the kids
3. Give accommodation to both.
Given your circumstance, your lawyer shall need to reduce the burden of liability from you as the demand of 1.5Lac as interim maintenance is even more than the income. Also, the spouse, if capable to maintain herself is not entitled to claim maintenance.
In all possibility your only responsibility and duty shall be to look after the well being of the children.
If you need to do away with that, you can file for a custody of child. [if you wish to keep the children with you].
Thanks
Anonymous
Replied 4 years ago
Already filed for the custody. But given young girls, it is very unlikely that I will get the custody. She is asking for the flat (50 lakhs) and 50 lakhs as cash (out of court settlement).
I am inclined on contesting as that will give me visitation rights and also the amount of maintenance will be much less than this. Is it possible to shed some light on how much the monthly maintenance of the kids be? 25% of my income for 1 child or 25%in all?
Shreyash Mohta
Replied 4 years ago
Sir,
As I see by your query, the kids are minor and one is below the age of 3 years. In such a circumstance it is useless to file a Child Custody case as there is a ruling which says that a child [regardless of the mothers nature or character] needs to stay with the mother till a tender of 5-6 years as during that age the child needs the exclusive need of the mother which unfortunately a father cannot provide. So in all probability the custody shall go to the mother as she is the 'natural guardian'.
Coming to maintenance, it is the court which shall decide looking into the financial capacity of both the spouse. Generally, this amount does not exceed 25% of the husbands income. It can however range anywhere from 10% to 25%.
Your lawyer needs to reduce your net income by validating expenses and show that you are ultimately left with 'X' amount of net disposable income. The 10 to 25% of such income shall be given away as maintenance.
I hope I did solve your query. In case you have further concerns please do feel free to consult me through Vidhikarya or their associates.
Thanks
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