How to Bargain the amount of Interim Maintenance/Maintenance.
Interim maintenance and maintenance under s.24 and s. 25 of HMA or under s.125 CrPC or under DV act. These provisions bind a person who has an obligation to support and maintain his family. Initially when these cases are filed on say a husband they become adamant they deny to recognize their duty which can go adverse against the husband himself. Interim maintenance is the monthly amount set by the court till pending litigation. So the real benefit for the husband is to shorten the time of litigation so that he would end up paying less here are some of the ways to pay a minimum or no amount of interim maintenance / maintenance.
- Capacity to Pay
The amount of maintenance is directly proportional to the income of the husband. Lesser the income lesser is the sanctioned amount. It is important that husband should take initiative to show the salary slip instead of the court asking for the same as the procedure by courts are slow so better to follow due diligence approach. This would also help in bringing down the amount and shortening the litigation as it would again show the honest approach of the husband.
- Desertion by Wife
It is a rule that if wife has deserted the husband the husband is not liable to pay any form of maintenance. It is imported to show that you have done various efforts to call back the wife by mail, SMS, chats are all admissible proof. This again would lead to shortening of litigation and complete dismissal of maintenance case. But again the wife has 498a and cruelty but she need to prove it.
- Mediation
Mediation is the best ground for negotiation. Try to negotiate the amount and mutually agree. It would again shorten the litigation and save lots of money on lawyers.
- Working wife
Try to prove that wife is competent to earn, there is a rule that maintenance amount is for survival not for luxury and if the wife is working than no maintenance shall be awarded. But if wife is capable to earn then maintenance amount can be reduced.
Follow these tips remember the penny ur saving in maintenance cases can become heavy if litigation continues for long periods. In maintenance cases non-adamant, honest, diligent approach will win you.
Related articles
- Mumbai: Husband jobless, so no maintenance hike, Bombay high court tells 72-year-old woman (dnaindia.com)
- About the Allstate Home and Auto Maintenance Reminder (allstate.com)
- Alexandria Desertion Virginia Law Support 20-61 (divorcelawyerinalexandriavirginia.wordpress.com)
- Attorney Fees: Motion For Reasonable Attorney Fees (xmgarcialaw.wordpress.com)
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
Nitish Banka: On /”It is imported to show that you have done various efforts to call back the wife by mail, SMS, chats are all admissible proof. This again would lead to shortening of litigation and complete dismissal of maintenance case. “///
Well, what about spoofed SMS’s, Calls and logs which some of the hackers can send to self or others through your number (without cloning your SIM Card but using the network of your carrier)?
We don’t know one another, yet you are in my whatsapp, Viber, Telegram, Line and KIK. You didn’t in fact sent me any SMS, nor did you call me, yet you will see the entries of making calls and sending SMSs to me in your mobile invoice which you will receive in the next billing cycle 🙂 If you are a pre-paid customer, your balance has not reduced; but in case you are a post-paid subscriber, you will be billed for all this sort of ISP carrier hacks (Sorry in advance for the amount which you will have to pay to the cellular company for making calls and sending SMS’s to USA number :p if you are post-paid subscriber )
Now the question is, how will you prove in the court that you never made any call to me, nor did you send me any SMS? Your cellular company will submit the logs stating that you indeed made the calls and sent SMS to Urvashi’s US based number. If you had been married, it would have been enough for your wifey to prove that you are having extra-marital affair with Urvashi 😀
Indian investigative agencies have no calibre and your courts have no ideas as to what can be done through the virtual world to impact the real-life things.
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You were contacting me via Whatsapp:
1. http://www.picrar.com/images/54552264533368078269.jpg
2. http://www.picrar.com/images/29464584809950628593.jpg
3. http://www.picrar.com/images/48022212832599649853.jpg
You called me but I didn’t pick your call up:
4. http://www.picrar.com/images/14776487520465426305.jpg
So your call landed into my Missed Call logs:
5. http://www.picrar.com/images/79148349757802722496.jpg
It was a missed call on my SIM-1:
6. http://www.picrar.com/images/95387808464929574877.jpg
Then you messaged me, but I didn’t respond:
7. http://www.picrar.com/images/41568014996575218976.jpg
Thereafter you send me another message:
8. http://www.picrar.com/images/72714346307846283694.jpg
Here is the notification pop-up for your messages which had just arrived in my message box:
9. http://www.picrar.com/images/89944151979437054638.jpg
Notification:
10. http://www.picrar.com/images/49851586878300007593.jpg
🙂
Or download it from here:
http://www.datafilehost.com/d/d4da5604
Thnx 🙂
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