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drknshah18 (retired )     12 August 2015

Please guide me

 our lawyer has not put any single proof  in the court and 2 years pass.i have change two lawyers in between now our third lawyer come  and he has not put any proof or told us to put the proofs so we are unaware of it so now judge has rejected out intrime maintanance and told us that  do prepare main maintainance application. so my question is that

1) does  it make any differance in the court?or  will loos the case by the mistake of my lawyer?

2)which proof   needed in court for the maintainance?

3) i have not salary certificate of my husband  who is residing at singapore?so how can i get it?

or it is my liability to put the salary certificate of the husband?

please guide me as next date is after two days ..



Learning

 11 Replies

drknshah18 (retired )     13 August 2015

what should i have to do in this matter?

ANAMIKA VICHARE (LAWYER)     13 August 2015

whether s=your husband or somebody on behalf of him has appeared before court.  do you know the name of companywhere he works, you can get some picture of  his job from google....or you filelist of interrogatories under order 11 rule 1of cpc

 

SAINATH DEVALLA (LEGAL CONSULTANT)     13 August 2015

When U are claiming maintenance from UR husband,he has to reveal his source of income.The court may also direct him to do so.Why were U misled by UR lawyers?

puja saxena (private practice)     13 August 2015

Just check his designation, company name and salary offering by the said company for same designation (in average )and put all these proofs before court.it may help you

puja saxena (private practice)     13 August 2015

Just check his designation, company name and salary offering by the said company for same designation (in average )and put all these proofs before court.it may help you

prabhakar advocate (advocate)     13 August 2015

@drknshaw,  It happens quite often that wife does not know in which company he is working, what his designation and what are his emoluments.  Most of the times, if the husbands want to keep this information hidden behind the probing eyes of estranged wife, the wife will face problem to prove all these things in the court to get her legitimate maintenance.  The courts know the difficulties the wife faces in such circumstances.  Even if the wife knows where her husband works she will not be in a position to prove his income, as it is in exclusive knowledge of the husband.  To overcome these difficulties and to help the hapless women, the court devised a method to ask the parties to file affidavits indicating their income, expenditure and bank statements and IT returns. But, in some parts of the country, some courts are not following such beneficial methods by themselves.  If you are in such a case, what you have to do is, to file an application simply saying that your husband is working in Singaport from so and so year and you do not know his employer's name and your husband's income and bank details.  You ask the court to direct him to file these details. The court will have to direct the husband to do so.  Once you move this application, your position will be secured.  Even if the court dismisses your application, the appellate court will take care of your interests.  So, move application as I said above.

Prabhakar-Advocate

(M)9958670740

Legal Aid panelist - Central Delhi (Tis Hazari)


 

Biswanath Roy (Advocate)     18 August 2015

If you have no direct evidence submit circumstantial evidence by filing old monthly statement of accounts relating to family expenses met earlier by him.

T. Kalaiselvan, Advocate (Advocate)     24 August 2015

All you have to do is to produce before the court the employment and the details of source of income of  your husband.  Learned advocate Mr. Prabhakar has given some useful hints to tackle such situations, which you may follow.  If your advocate is not cooperative, you may dis-engage him and appear as a party in person too. 

SuperHero (Manager)     24 August 2015

@drknshah18 - I agree Husband has to pay maintenance. But here are few my Simple questions.

1. Were you working before and after marriage?

2. What is your qualification.

3. Are you currently working now. 

The reason I ask is you have been roaming to courts for about 2 Years and have changed Lawyers, paid them fee, travelled to courts. You spent lot of time.

The same time if you worked or prepared for a job. Wouldn't that be useful. It will build your confidence and self esteem levels.

There are so many Working Women, Widows who travel 1 - 2 hours to work place and then manage the family too. 

The reason for my above statements is Courts are delay centers. 

Wish You Good Luck. 

deep (deep)     24 August 2015

If u dont know anything of his work, ask him ( thru court ) to give an affidavit that he does not have any income/property etc

He will hv to submit truth in affidavit 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     25 August 2015

if you do not get any lawyer in accordace with your requirement you mmay appear before court yourselve 


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