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Gratitude   08 April 2016

Need legal opinion

Dear Experts

 

Both husband and wife are in same business. In maintenance case wife has hyped husbands income in crores and trying to get an adverse inference from court by disputing the LEGAL Personal ITR documents of past 3 yrs filed by husband to the court. Inorder to further prove the reality the husband wants to disclose the Company TDS form certificate / Company A/c statements to the court of his company to show the Low turnover of the company against the claims of wife. 

Inorder to protect confidentiality of clients names can the client names be masked/hided while revealing all other details, if required the judge can check originals as it is .........will this be allowed legally / by the Judge ???

 

Pls advise.



Learning

 3 Replies

Palvannan (Doctor)     09 April 2016

hello sir , my wife's father was expired 13 years back ,my father in law had 2 wifes since second marriage is not registered second wife is having one male child,one civil case is pending due to property sharing so that my wife side they didnt get a legaler certificate till date that preliminary judgement favours us we expect that final judgemnet favours too so we want to get a leagaler certificate for my wife and others except that second wife son what is the procedure to get the lagaler certificate ? 

1 Like

Vijay Raj Mahajan (Advocate)     09 April 2016

No need for disclosing the Company account details by yourself. The person Income Tax account details are good enough proof that the husband need to give. The wife if disputes the ITRs of husband, the onus to prove these are on her, that she will not be able to do. The allegations about the income in crores made by husband have no significance that is always done by the wife and her counsel, in order to extract maximum out of the husband, but what court will see the ITRs of the husband to decide his income. The Court shall also look in to the ITRs of the wife to ascertain her income too and only order for maintenance to her if she does not have sufficient means to maintain herself up to the standard of living the she was having while living with the husband in the matrimonial home. The maintenance for living doesn't mean that it will be given for her extra ordinary spending and throwing money of extravagant lifestyle this has to be for daily routine spending required for reasonable decent living.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     09 April 2016

Adv Mahajan has given the right suggestion,, act accordingly. Nothing more to add at this stage. Mr Pallavan post UR query in a new thread instead of intruding into this query.
2 Like

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