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Urgent question on maintenance

Page no : 2

Adv Radhika Mehta (Advocate)     29 November 2017

Originally posted by : chiran sharma
does not wife also need to show the proof of income as well of mine to prove the court that i am earning that much amount????????????

Not necessarily.  Many times the parties may have been living seperately since many years or husband may not disclosed true income.  Therefore the burden of proof is on the person within whose knowledge the truth is. 

Rajesh mehra (none)     29 November 2017

so i want to ask only one thing........how to show low income like if i dont have salary slip then how can i proof that my wife is saying wrong even though she does not have any proof of my income too......how can court decide about just by mere saying by mouth that husband is having bla bla income 

Born Fighter (xxx)     03 December 2017

if ur in business then mind u courts will assume that ur hiding ur income. You got to be very careful in submitting docs. Many husbands while being highly educated submit low ITRs ( when in business) which backfires. 

There is no concrete logic on how courts derive mainteinance amount. A lawyer representing u may not spend so much time plugging all loopholes. U have to be honest with ur lawyer in disclosing what ur real income is and then prepare ur defence. Showing salary of 20-25k pm and then maintaining a 4 wheeler is enough a reason for court to assume ur hiding ur income....hope u get my point

Rajesh mehra (none)     04 December 2017

thanks a lot BORN FIGHTER bro.........know i got the point.........it means like i am a job working (PRIVATE) ....if i am earning only 10000 and i can show that then court will grant maintenance on that salary.........means less earning low maintenance and what would happen if i leave the job and become unemployed

Born Fighter (xxx)     04 December 2017

Courts will not agree whatever u submit (mind you !). Court has dicretionary powers based on which they can draw any adverse inference if it is found that the docs do not support your case. I have seen courts generalizing that in most cases husbands show themselves  as a pauper after divorce.

What you were earning before marriage/ post seperation and currently will be the deciding factor. 

There are cases where husbands have left jobs and court then awarded minimum maintenance based on city standards. Every case is different and how you present ur case in court and how efficient is ur lawyer will fetch u results accordingly.

Nitish Banka (lawyer)     21 March 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Some important judgement on Maintenance Section 125 CrPC

Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”

Contact lawyer Nitish Banka -> call@ 9891549997  –>Free consultation on phone<—-

Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980 

MAINTENANCE TO HUSBAND BY WIFE

How Maintenance to wife is assessed in S.24 HMA

Divorce on Adultery

Desertion as a ground for divorce -What to prove?

125 CrPc-How to alter the maintainance

Interim Maintenance-How courts calculate

Interim Maintenance Reduced Judgments

All About Maintenance and Interim Maintainence

LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc

 

 

 

Maintenance u/s125Crpc stopped to wife if she gets job

Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain

No Maintenance u/s Crpc 125 to wife if she deserts hubby without any cause and also earning

Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta & Another

 

Maintenance not granted as it is proved that wife wants to reside separately.

 

Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

 

Unemployed man can not be forced to pay Maintenance

Sanjay Bhardwaj & Ors. … Versus The State & Anr. .

 


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