Maintenance
kishan
(Querist) 08 November 2015
This query is : Resolved
May I have some guidance about provisions regarding maintenance u/s 125 crpc where husband had filed a case u/s 12 of hma and which has been decided against him, is showing to be unemployed, wife has no proof, her father-in-law is serving in central govt.
Is there any provision under any section to call for the income/job detail of erring husband from the private company, where, he is showing to have resigned.
Is the burden to prove income/job of husband is upon wife to claim maintenance?
V R SHROFF
(Expert) 08 November 2015
the burden to prove income/job of husband is upon wife
kishan
(Querist) 08 November 2015
Isn't the judicial authorities, the court or Income Tax Authorities say for example, empowered to ask on for such information?
Is there any such provision under section 91 of hma?
SAINATH DEVALLA
(Expert) 09 November 2015
There are totally 38 sections(including sun sections) in HMA,where did U get section 91 HMA?
Rajendra K Goyal
(Expert) 09 November 2015
Daughter in law has no claim on the income of father in law.
Discuss with your lawyer.
kishan
(Querist) 09 November 2015
Sorry, it may be section 19. Someone told me that court may call for the income/employment detail from the company where the husband has resigned or has been doing job.
One more thing I remember is about section 106 of Evidence Act, in which it is said to be expressed that the husband is liable to submit proof of his employment/income.
In our case my daughter remained approximately one & a half month with her in-laws (including the days she stayed with us in her paternal home) and during the period her husband remained only 11 days with her so we do not have any income proof. Please guide us, what should we do?
kishan
(Querist) 09 November 2015
Sorry, it may be section 19. Someone told me that court may call for the income/employment detail from the company where the husband has resigned or has been doing job.
One more thing I remember is about section 106 of Evidence Act, in which it is said to be expressed that the husband is liable to submit proof of his employment/income.
In our case my daughter remained approximately one & a half month with her in-laws (including the days she stayed with us in her paternal home) and during the period her husband remained only 11 days with her so we do not have any income proof. Please guide us, what should we do?
kishan
(Querist) 10 November 2015
Can the advocate demand proof of the employments and last income from husband during evidence or cross examination u/s 125 crpc
SAINATH DEVALLA
(Expert) 10 November 2015
Section 19 HMA has nothing to do with UR query.The petitioner has to demand that the income statements of the husband be presented to the court.
kishan
(Querist) 11 November 2015
Sir, if our advocate doesn't ask about the employment/income from the son-in-law during the evidence or cross examination, then can we ourself ask questions at that time or not?
Can you suggest any alternative option?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 November 2015
1) make RTI application if he is govt employee
2) contact local lawyers
kishan
(Querist) 11 November 2015
Sir, as requested earlier, keeping in view the nature & working of our lawyer, we do not expect him to collect the important information which may be very useful for defence against so called unemployment of my son-in-law therefore we wish to have guidance from your side. Since at present case is at evidence stage in the court so we cann't think to change advocate.
Sir, my son-in-law was in private company which are, as far as I know, not covered under RTI, off course, his father is in central govt. service.
Sir, is there any alternative option for us? What should we do.
SAINATH DEVALLA
(Expert) 11 November 2015
Even after so much of assistance from the legal experts U are still expecting spoon feeding from us.U have to fight it out locally .
Dr J C Vashista
(Expert) 12 November 2015
What is the opinion, advise and guidance of your lawyer? Follow it if you have faith in him/her, otherwise replace with some prudent local lawyer.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Sri SAINATH DEVALLA and Dr.J.C.Vashista.
kishan
(Querist) 13 November 2015
Sir, firstly, our advocate is himself demanding proof of income/employment of my son-in-law as the amount of maintenance to be sanctioned depends upon such proofs and which are not available with us. Secondly, he has submitted appeal for revision of intrim maintenance u/s 125 at High Court unnecessarily, without submitting any proof of income/job. So we have doubt that he will not cooperate us.
Isn't there any provision in any act to call for the income/employment? Please guide us.
