Need urgent help
Nazir Shaha
(Querist) 22 March 2014
This query is : Resolved
Dear Experts, I need your advise.
My friend had recently received an order u/s 25 crpc from session court and directed him to pay 20k per as maintenance., he is a qualified Chartered Accountant and was earning ~60k per month in 20006 (when his wife left him and went to her mother's house), in between my friend went in depression and left his job, it took him some time to come over it and he started his own practice in 2009, where he is working for couple of clients on retainer ship basis handling their accounting, during the deposition of income proofs my friend submitted the client agreements as a proof of income, but it looks like court has not considered it.
we heard from some advocates that, client need to attend court to depose these agreements, which is not feasible since he is practicing ~400km away from the session court at the same time he has fear of loosing them if he tell them about this case.
My question to all expert-
1. Is there anything mentioned in evidence act about this, what court will consider as proof of his income and client need to depose in court?
2. His wife had mentioned that his salary was 60k in 2006, can court consider this fact without any proof?
3. If the situation changed in between 2006-2014 can court consider those? though he is a chartered accountant but going through a tough time with family so his earning is not in line with his qualification.
4. what could be the best way to prove his current income?
5. who carry the onus of proof in this case?
Regards,
Nazir
Devajyoti Barman
(Expert) 23 March 2014
He can file IT return as his income proof.
Without seeing the case details and the order of court, it is difficult to advise further.
Dr J C Vashista
(Expert) 23 March 2014
Show your documents to your lawyer, seek his/ her services/guidence and proceed
Rajendra K Goyal
(Expert) 23 March 2014
Show all documents to your lawyer and let him decide how and when these are to be used.
Guest
(Expert) 23 March 2014
All your questions are of academic nature, as your friend has already crossed that stage, if he has already received the court orders. These issues were to be proved or disproved before passing of the orders.
Rather, she can apply for upward revision also, as the income in 2014 can be much more than 2006 figures in the case of a CA. Better pay 20K if she is satisfied with that order.
Biswanath Roy
(Expert) 23 March 2014
I.T.RETURN SHALL BE ACCEPTED BY THE COURT AS PROOF OF INCOME.
COURT MAY CALL WIFE TO SUBMIT PROOF THAT HIS HUSBAND'S MONTHLY INCOME WAS 60K IN 2006.
IN THE NORMAL COURSE OF DETERMINATION OF INCOME OF THE HUSBAND COURT ALWAYS THINK THAT INCOME OF THE HUSBAND HAS BEEN ENHANCED IN 2014 THAN THAT OF 2006.
BURDEN OF PROVING THE FACTS OF CURRENT INCOME LIES UPON THE HUSBAND. WIFE HAS TO DISCHARGE ONUS ONLY TO REBUT THE CLAIM OF HUSBAND.
Nazir Shaha
(Querist) 23 March 2014
Thank you so much Dhingra sir and Biswanath sir :)
Regards,
Nazir
Guest
(Expert) 24 March 2014
You are welcome.
Nazir Shaha
(Querist) 24 March 2014
Hi, My friend submitted proof (original agreement with clients for consulting work) in 2013 that his present (2013) income is 15k p.m. But their advocate objected saying that issuing authority (in this case, my friends' clients) has to exhibit those documents since they had issued it. The court has accepted their plea and did not consider those docs as proof. .... My friend could not bring his client in court for fear of losing them. From perspective of of submitting evidence, is it correct what their advocate says... is their any counter argument or case law.
This is the final order by Session Court to pay from date of application. Interim order was passed in mid 2008 to pay 3k p.m... Hence the total arrears comes to approx Rs. 11 lakhs apart from regular present maintenance of 20k p.m. When interim maintenance has been paid regularly and on time is it justified by court to pass the order from date of application rather than date of final maintenance order
I seek your valuable advise.
Thanks.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
It seems you are taking advises here on behalf of your clients and carrying out your business promotions. This is the second query of different nature posted by you on the same day.
V R SHROFF
(Expert) 25 March 2014
Reply the experts abt ur genuineness// personal problm..
Biswanath Roy
(Expert) 25 March 2014
It is our duty to accommodate you as you are a Law Graduate but sorry to say you have poor knowledge in Evidence Act. Hence, I advice you to study Evidence Act to find out appropriate guidelines.
Nazir Shaha
(Querist) 25 March 2014
I thank all the experts for sharing their thoughts, those will be helpful for me.
Regards,
Nazir
