fight against 24 HMA
Vishal jain
(Querist) 05 September 2009
This query is : Resolved
Hello,
I am having a matrimonial dispute with my wife for the past 2.5 yrs. She is living with her parents.
She has filed application U/s 24 HMA,
in which she has claimed that I am earning more than 1,00,000/- pm.
Also, she is asking for Rs. 20,000/- to support her and Rs. 22,000/- as litigation Expenses.
For My Reply
I have submitted that I am doing a private job as salesman and earning 4000/-(salary certificate attached)
Some briefs facts are:-
1.I don't file Income tax return as I don't have this much earnings
2.I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4. She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
5. Now she is doing LLb 2nd year from CCs University, Meerut for which she has given Rs. more than 35,000/- as fees(proves attached)
6. Recently I came to know that she is a income tax assessee and file her return also.(but don't know how much)
7. Before marriage she was a working lady and earning around 7,000/- pm.(for this she has given in written in Income Tax Department also). I know all this but that is off-records.
After going all the points, please suggest me..what should I do.
Should I tell the court that she was a earning lady before marriage and she is Income Tax payer
Don't you think that the judgement(s) will applicable
1. HIGH COURT OF MADHYA PRADESH
Civil Revision No. 1290/99
Decided On: 24.03.2000
Appellants: Smt. Mamta Jaiswal
Vs.
Respondent: Rajesh Jaiswal
Para-6
2.IN THE HIGH COURT OF DELHI
Date of Reserve: 25.7.2008
Date of Order: 18th September 2008
CM(M) No. 1790/2006 and CM No. 14635/2006
18.09.2008
Ritu Raj Kant ... Petitioner
Through: Mr. S.K.Tyagi, Advocate
Versus
Anita ...Respondent
Para-7
Kiran Kumar
(Expert) 05 September 2009
during the course of trial u can summon the record from income tax department pertaining to her assesment.
if she is paying so much of money for her education then certainly she must be having some source of income.
one more thing if u submit that she was earning prior to marriage but not after marriage then this submission will go against you....burden of maintaining her will come upon you due to such submission only.
rest all documents regarding her qualification and tax assessment are relevant and will be considered by the court....but there is a procedure prescribed to bring the things to a logical end.
Guest
(Expert) 06 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE H.M.P.MATTER AND SEC.24 KINDLY NOTE THAT
1,AS PER SECTION 24 OF HINDU MARRIAGE ACT A HUSBAND IS SUPPOSE TO MAINTAIN HIS MARRIED WIFE AND IN CASE OF ANY DISPUTE WIFE IS ENTITLED TO CLAIM AMOUNT OF MAINTAINENCE PER MONTH FROM THE HUSBAND DEPENDING ON HIS SALARY AND OTHER INCOME.
2.YOUR WIFE HAS SUBMITED THE CLAIM FOR MAINTAINENCE FROM YOU AND SHE IS SHOWING YOUR SALARY AND INCOME MORE THAN YOUR ACTUAL INCOME. KINDLY NOTE THAT UNLESS HER CLAIM IS SUPPORTED BY SOME DOCUMENTARY EVIDENCE OF YOUR INCOME FROM SALARY AND OTHER SOURCES SHE CAN NOT GET THE SAID AMOUNT MENTIONED IN HER CLAIM.
3 COURT WILL CONSIDER YOUR AFFIDAVIT IN REPLY TO HER CLAIM AND COURT WILL RECORD HER EVIDENCE AND ALSO YOUR DEFENCE WITNESSES AND ON HEARING HER ADVOCATE AND YOUR ADVOCATE THE COURT WILL PASS THE JUDGEMENT.
4.IN CASE AMOUNT DECIDED BY THE COURT IS NOT ACCEPTABLE TO YOU AND YOU THINK IT TO BE MORE THEN YOU HAVE REMEDY OF APPEAL TO THE DIST COURT AND HIGH COURT AND YOU CAN OBTAIN STAY ON THE SAID JUDGEMENT AND GET THE AMOUNT OF MAINTAINENCE REDUCED.
5,KINDLY NOTE THAT IN CASE OF MATRIMONIAL DISPUTES COURTS WILL TRY TO COMPROMISE THE MATTERS BY CONVINCING BOTH HUSBAND AND WIFE.BUT IN CASE NO RESULTS ARE THERE THEN JUDGEMENT IS PASSED.
6 AS PER MY EXPERIENCE KINDLY NOTE THAT IN CASE IT IS POSSIBLE TO SORT OUT THE DIFFERENCES BETWEEN HUSBAND AND WIFE THEN IT WILL BE THE BEST THING FOR YOU.PLEASE REMEMBER ONE IMPORTANT THING THAT AT PRESENT ALMOST ALL ACTS PASSED IN CASE OF MATRIMONIAL DISPUTES ARE IN FAVOUR OF MARRIED WOMEN AND IT IS ADVISIBLE FOR YOU TO SORT OUT THE MATTER BY COMPROMISE IF POSSIBLE.OTHERWISE JUST DELAY THE MATTER.
7I AM HANDLING SEVERAL SUCH MATRIMONIAL DISPUTES BETWEEN HUSBAND AND WIFE.I ADVISE YOU TO KEEP COOL AND DO NOT INCREASE YOUR PROBLEMS BY UNNECESSARILY INCREASING MATRIMONIAL DISPUTE. IF POSSIBLE TRY TO COMPROMISE IT BUT IF IT IS NOT POSSIBLE THEN JUST FILE AN APPLICATION UNDER SECTION 13 OF HINDU MARRIAGE ACT FOR DIVORCE.BUT KINDLY NOTE THAT AS PER SUPREME COURT JUDGEMENTS ,EVEN AFTER DIVORCE HUSBAND SHOULD MAINTAIN HIS WIFE AND PAY HER MAINTAINENCE AS PER HIS INCOME ,TILL SHE GETS REMARRIED OR TILL SHE SURVIVES.PLEASE NOTE
IN CASE ANY HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU ,YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Somnath mukherjee
(Expert) 06 September 2009
in the case of s24 you can get oppurtunity to give evidence so you can summoned the income department for proving the income. Otherwise you can also prove by other evidence. Recently Bombay H.C passed an judgement where it is clearly said that the court should the income capacity of an women in the metho cities at the time of giving the allemony. You can also collect that judgement.
Bhumik Dave
(Expert) 07 September 2009
Agreed with Nandkumar.riven
