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How is the maintenance amount calculated in court
06-Aug-2023 (In Family Law)
My filed a 498 case. Question is my lawyer wrote in the petition that I am unemployed and not working but I am still working. My wife don't have my salary details. I work in a corporate private company. Will they be able to get my details from th company as it is a private company. My lawyer said I will reduce the amount and u have to pay till 3000 Rs. Is this rite. Will the corporate company private company details that I am working as they have privacy rules which I know that my company won't provide it. Please provide detailed explanation. Did my lawyer has done it correctly or will there be a problem. Please suggest what I can I do or did the lawyer has done correctly. Do I need to pay the maintenance from the application was filed or the date passed by the judge?
Dear Sir,
I presume that you are referring to the DV case in which your wife has filed the maintenance petition as you haven't exactly mentioned the nature of the petition. It is not correct to say that you are unemployed when you are working. Your wife may try to get the details from her sources and she may or may not get those cannot be predicted. Your wife can also ask the court to summon your manager and provide your employment details as well as salary statement. The court may grant maintenance from the date the application was filed.
I presume that you are referring to the DV case in which your wife has filed the maintenance petition as you haven't exactly mentioned the nature of the petition. It is not correct to say that you are unemployed when you are working. Your wife may try to get the details from her sources and she may or may not get those cannot be predicted. Your wife can also ask the court to summon your manager and provide your employment details as well as salary statement. The court may grant maintenance from the date the application was filed.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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It appears you are pretty confused. You wrote about 491 a case and jumped to my lawyer wrote I am unemployed.
Assuming by your question, its maintenance case. Firstly, you should not have stated anything false as it is on Affidavit and could invite trouble in future. In case your wife files a petition before the court to summon your salary particulars, the company is legally bound to provide the same. Secondly, the quantum of maintenance depends on several facts and circumstances and the court passes an order after considering them all, If its too high, you can approach High court under a Revision petition.
Assuming by your question, its maintenance case. Firstly, you should not have stated anything false as it is on Affidavit and could invite trouble in future. In case your wife files a petition before the court to summon your salary particulars, the company is legally bound to provide the same. Secondly, the quantum of maintenance depends on several facts and circumstances and the court passes an order after considering them all, If its too high, you can approach High court under a Revision petition.
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Hi
Generally the courts will award maintenance to your wife irrespective of the fact whether you are working or not.
Maintenance is payable from the date of filing of application.
Also if your wife's lawyer insists the court to order you to produce your employment details, you are mandated by law to provide the full details of your employment.
Also it is immature on your lawyer to guide you wrongly and asking you to lie on your employment that too under Oath for which courts can penalize you under Section 191 of IPC.
Please be informed that if the courts wishes to obtain full details of your employment, salary, loan, asset details etc, it does not take more than 30 days to find out as law has provided courts (especially matrimonial matters) with ample powers to investigate and find out and more so when Courts have powers to direct Police, Income tax, Employer(both public and private) Revenue authorities to investigate and report.
Generally the courts will award maintenance to your wife irrespective of the fact whether you are working or not.
Maintenance is payable from the date of filing of application.
Also if your wife's lawyer insists the court to order you to produce your employment details, you are mandated by law to provide the full details of your employment.
Also it is immature on your lawyer to guide you wrongly and asking you to lie on your employment that too under Oath for which courts can penalize you under Section 191 of IPC.
Please be informed that if the courts wishes to obtain full details of your employment, salary, loan, asset details etc, it does not take more than 30 days to find out as law has provided courts (especially matrimonial matters) with ample powers to investigate and find out and more so when Courts have powers to direct Police, Income tax, Employer(both public and private) Revenue authorities to investigate and report.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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