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Harassed Hunsband (prop)     18 June 2012

Mantainence

My wife deserted me within 3 months of marraige, I filed the petition after completion of one year of marraige, we have been thru counselling twice and second time I said, i cnt get back togather.

She has now filed interim maitaninence, I have to reply in next date.

What paper are required for filing reply to interim maintainence, and I live with my parents, are their income to be considered also....?

Is three year ITR required, or three year income proof...?

I submitted my Net profit and domestic expense to the laywer, and she says its not enough income justified, and is asking for my last three year income Plus My parents income as they are living with me.....

I doubt weahter it is necessary to give my parents income to the court.... and also wether only my present net income should be considered for the case or not....?

I have an MOU with my dad dated 2005 & 2007 (not registered) stating that I have to take all the household expense and matining them because I am staying with them and also I am using their property for the business office purpose, We also have the loan or the capital provided by my parents for the business for 5 years which expires on september 2012. Their income is the interest I provide for the finance they given to my proprietorship company.



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 June 2012

1. Only Present income is to be considered. 2. You dependancies are to be taken into account. 3. Conduct of Woman is also of utmost importance.

H. S. Thukral (Lawyer)     18 June 2012

Income of parents is not to be considered while deciding interim maintenance. How ever the parties can put interrogatories to assess the real income of spouse and ITR for last three years can be asked.    

H. S. Thukral (Lawyer)     18 June 2012

Dear Bharat : The conduct of woman is relevant only for deciding permanent alimony and not for interim maintenance.  

MRRpersonality (Knows very little about Indian laws)     18 June 2012

Only your current net income is needed for computing interim maitenance.  Your liabilities for your pre-existing loans will be eligible for deduction from your net income.  If you have taken new loans after she filed the petition, they will be ineligible.   Your parents income must not be included in the statement.   If you are running a business, the business expenses should be deducted before arriving at your net income.

 

The court, not she, that has to determine what is your net income based on your submissions.  She can however contest your income statements which may be very usual.  

stanley (Freedom)     18 June 2012

Your liabities are to be taken into account  and just your current income there is no necissity to sumbit 3 years of  ITR . If your wife is working than her income too would be taken into consideration while granting interim relief . If she is educated and capable of earning than that too would be considered .









ITR .Your parents income is irrevalent to the case and is not required . 

stanley (Freedom)     18 June 2012

Your liabities are to be taken into account  and just your current income there is no necissity to sumbit 3 years of  ITR .Your parents income is irrevalent to the case and there is no proceedure in Section 125 for your wife to claim maintanence from your parents  . If your wife is working than her income too would be taken into consideration while granting interim relief . If she is educated and capable of earning than that too would be considered . 

Harassed Hunsband (prop)     18 June 2012

Thank you so much for the reply.

 

How come my lawyer is asking for 3 year income proof and also total family income(my dad and Mom)....?

 

I am staying with my parents even then it is not necesary to provide My Parents income........?

 

To note that my lawyer knows the other party too... and they had approached her too.....?

 

PLEASE GUIDE..

H. S. Thukral (Lawyer)     18 June 2012

I will suggest reading of Delhi High Court Judgment (September 2011) Puneet Kaur v Inderjit Singh  authored by Justice JR Midha on guesstimating income of a spouse elaborating  the factors to  be considered .  


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