125 cr.p.c.
Pradip Bajaj
(Querist) 12 May 2016
This query is : Resolved
Sir,
Wife has filed 125 Cr.P.C. Petitionm claiming maintenance from husband, living separately with two children. Husband living with his mother.
Wife submited Income-tax returns of
her Husband,
Husbands father's HUF,
Husbands HUF.
for acsertaining total income of husband.
Now, question is that
1. Whether the income of Husbands Father's HUF can be included in total income of husband for calculating maintenance/ interim maintenance?
2. Whether Husbands HUF income cn be included for the purpose?
3. What other incomes can be included for this?
4. Is their any Max/MIn. limit for deciding interim/ final maintenance?
Regards
Pradip Bajaj
Guwahati
P. Venu
(Expert) 13 May 2016
What is the opinion of your advocate?
Rajendra K Goyal
(Expert) 13 May 2016
1.& 2. Who are the coparceners of the HUF of husband and his father?
3. What and how much are the other income?
4. Maintenance depend on many factors, generally it can be up to 1/3 of the income of the husband.
T. Kalaiselvan, Advocate
(Expert) 14 May 2016
The HUF income to the extent of husband's income can be taken as his income but there is no hard and fast rule about it.
It depends on th arguments made by both sides.
Pradip Bajaj
(Querist) 14 May 2016
Sir,
The return of Income submitted were of previous yesr and not of current year.
Can it be a point of argument that this year there is no such income or less than that year.
Regards
Pradip Bajaj
T. Kalaiselvan, Advocate
(Expert) 15 May 2016
The returns submitted is no doubt about the previous year's income, but what is the proof of this year's income though you may argue that this year's income is not that amount?
Court will go by the proof of evidence submitted before it and not on any fairy tales narrated to it.
