406
Vaseem Mustafa
(Querist) 11 September 2013
This query is : Resolved
Respected Experts
My divorced wife in 498A & 406 case given a list worth 25 Lacs,in 2004 they have submitted an application for RBA were in they have shown annual income less then 3 Lacs from all source. So keeping in view the annual source of income from 2004 to 2007 it comes out to 19.2 Lacs((4yearX3 Lacs) + the salary income of lady from 2004 @ 15K/PM i,e 15000X48 months)that too without showing any expenditure.
So please advise me how it is going to help me.& how i cross examine & counter her forged list.
Vaseem Mustafa
(Querist) 11 September 2013
Sir
she has not claimed maintenance, My request is how this annual income is going to help me in RPC 406.
V R SHROFF
(Expert) 11 September 2013
COURT WILL SAY IT IS FALSE, THATs ALL.
Raj Kumar Makkad
(Expert) 11 September 2013
You cannot get anything by such calculation as istridhan can also be collecte through gifts etc.
Devajyoti Barman
(Expert) 12 September 2013
high Light THIS ISSUE, IT WOULD HELP TO DISPROVE HER CASE.
Guest
(Expert) 12 September 2013
You have not given any brief of the background of the case.
By the way, in what way sec.406 is concerned with the income of the lady or the total expenditure made on her wedding?
Do you think that only her income was used for her marriage and there was no other earning member in her parental home?
Mere description of her income would prove to be a vague plea unless some solid point is raised against the claim.
Vaseem Mustafa
(Querist) 12 September 2013
Respected Sir,
It is what they claim in writing for issuing OBC Certificate that the total income of there family in 2004 is less then 3 Lacs per annum from all sources,after 2004 the lady (my ex-wife got job)& father of lady retired in 2005 so keeping that fact in mind i calculated her income which came out to be 19.2 Lacs.I am infact keep same 3 Lac as there annual plus the salary of the lady.Can this help me & pls advise how can it help me court of law.
Guest
(Expert) 12 September 2013
What about retirement benefits, which her father received on retirement?
Also what link the criminal breach of trust has with the income of your inlaws?
I once again stress upon to collect some solid proof, if you can.
Raj Kumar Makkad
(Expert) 12 September 2013
No solid proof is possible within the framework of given facts.
Vaseem Mustafa
(Querist) 13 September 2013
Respected Dhingra Sir,
I agree with your advise Sir ,but the fact is that actually there total income in 2005 comes out to be (8K @father pension & 12 K @ Lady & in 2005 they married their elder daughter also),so from all source there total earing comes out to be less then 15 Lac & am take worst to be 20 Lacs but they are showing they have given gold & other house hold items worth 25 lacs to my ex-wife when she was married to me & that is lying with me & i have misappropriated them that what they claim in 406 in court
My query is when there total income for the period from 2004 to 2007 is less then 20 lacs were from they got 25 Lacs.That is what i mean & how it is going to help me please advise.
Guest
(Expert) 13 September 2013
If you feel so, it is your case, you can use your own wisdom to fight the case. I have already expressed ny views. It is up to you to make use of such views or not. Neither I can enforce my views on you nor I prefer to continue further to express any more of my views.
Vaseem Mustafa
(Querist) 13 September 2013
Dhingra Sir
Your advise has been always highly valuable for me.I am in confusion about this so your technical advise is always praiseworthy.
Please keep advising it relieve a lot of mental stress
Rajendra K Goyal
(Expert) 13 September 2013
Well advised by the experts, it is up to you how you follow the same.
Guest
(Expert) 13 September 2013
Mr. Vaseem,
I have already mentioned, I don't "prefer to continue further to express any more of my views." So, my views may be treated as final.
Needless to mention nobody has such a spare time to waste in continuing with sppon feeding till the thread is not decided to be closed by the querist.
Our general guidance is based only on the description by the querist without examination of the case related documents. So, you may better discuss in detail with your own advocate with reference to the pros & cons, including documents, you prefer to present before him.
Sudhir Kumar, Advocate
(Expert) 14 September 2013
