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umesh modi (acwnmh@yahoo.com)     22 September 2016

Can judge have rights to "assume" salary of a husband

in my crpc125 case. judge given a dicesion basis on assumption. 

1. Wife does not given any documents/proofs of his case .She files only a complain and her "Statement" in court. nothing any document or any witness to proove her blame.

jugment is "in both statments the dates are match so something is happen and this proove husband cruelty toward her. so she is awarded by maintanace.

2. I accept in my statement that my income is 1.80 lac yearly and also that after expenses i saves 20k to 30k yearly.

in judgment he  stated that " income was increased 25% yearly so know you earn 3 lak yearly and so that we give order of 10000 to both mother and child

my question is that can a judge have rights to "assume" my salary sitted in AC room. is their any law that proves that my salary is increased 25% yearly. is this a judgment or  what ...??

 

what can i do .....??



Learning

 5 Replies

Sachin (N.A)     22 September 2016

The judges has no right to assume that how much your salary will increase. You can go for appeal if you think that even as per your own declaration that your salary is 1.80 Lac per annum. you do not have capacity to pay this huge amount.

 

Show the income proof and expenditure / liabilities detail in the appeallate court to get the amout reduced. This assumption is an additional merit in your appeal and not the only merit

Mukesh sharma (job )     22 September 2016

Hi umesh you said your wife file for maintaince case and harras casein case in sec 498a so judge have passed  order for maintaince 

so here i clear for you when wife file case for maintaince than judge check both side condition and than decide maintaince amount which you  pay monthly and its all based on your all income and other thing 

so you have submit your document for salary other income you got and then court decide amount so their no option if you want than you want to appeal in higher court 

 


(Guest)

Yes, he can assume, assume is not the right word, if you by request of senior counsel get an appointment with the judge, and ask him nicely as to such ascertainment.   On the other hand what you can do is, instead of peice meal distribution of your income to your wife, pay her in lumpsum and get rid of her in one go via MCD.  Or else you will either keep pondering as to how to come out of this mess or you will simply keep paying money to your wife till your last breathe.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     23 September 2016

MCD  means both should agree and so the demand of other side witll be sky high.

 

Try other simpler methods.

sai narayana   23 September 2016

You may have submitted your salary details of past few years so from it he may have drawin that conclusion. If not so you can go for appeal.


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