Section 24 – Maintenance Pendentilite ordered more than my income

Dear Friends and Fellow Fighters,

Help me to fight back by giving your valuable opinion and judgement!

My bitch filed a divorce case in May 2010 and summons were served on me only in Feb 2011. Today Judge ordered maintenance of Rs. 12,500/- per month for my son and wife and also litigation Expanses of Rs. 10,000/- only looking at the return for FY 2009-10 for my HUF. Effcetively he gave them 50% of my income in my HUF during FY 2009-10

I have filed my return for the financial year (FY) 2010- 11 as well as for 2009-10. Judge only looked at the Income Tax Return (ITR) for the FY 2009-10.

The CONSOLIDATED figures in my ITR FY 2009-10 (for my individual and my HUF) are :

Gross Total Income (1) : Rs. 6,42,000/-

Standard Deductions (2) : Rs. 1,65,000/-

Total Income (1-2) : Rs. 4,77,000/-

The CONSOLIDATED FIGURES in my ITR FY 2010-11

Gross Total Income (1) : Rs. 4,80,000/-

Standard Deduction (2) ; Rs. 0

Total Income (1-2) : Rs. 4,80,000/-

Also I have taken a housing loan for which yearly installment total up to Rs. 3,60,000/- . So I am left with Rs. 1,20,000/- which is Rs. 10,000/- per month. Maintainence should have been decided on these figures. Where as the judge only saw my HUF return for FY 2009-10 and decided the case, saying that the income is suppressed.

Now I have to pay maintenance Rs. 1,50,000/- (Rs. 12,500/- x 12) and further I have to pay housing loan of Rs. 3,60,000 (every year) out of Rs. 4,80,000/- which means that I pay more than what I earn !!!!

My questions are :

1. Was judge right to consider the ITR of my HUF alone for FY 2009-10 ? He should have considered the ITR of FY 2010-11 (both my personal and of HUF) , in which the income was lesser ?

2. Does anyone has judgment which says only the latest financial position should be considered while awarding the maintenance ? Please send these to me.

3. Was the judge right in deciding the Sec 24 when in his orde at the last date only says that listed on next date for filing of my written Statement in Sec 13 and Sec 24 filed by my wife ? We did submitted these today before the judge. In my opinion he should have waited till the next date.

4. He should have considered the amount of Housing Loan which I have to pay while deciding the maintenance.

5. Does any one has judgements in which says Housing Loans are considered while awarding the Maintenance ? Please send these to me.

6. The Maintenance has been orderd from the date of filing of Sec 24 by my wife. Does any one will send me the judgments in which it is said that it is applicable from the date of receiving of Summons or the Date of Order ?

7. Shall I move the High Court now in appeal ?

Kindly help me as much as you can !

Thanks, VOT