Maintenance 125
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
In one case, a husband is Chartered Accountant cum Company Secretary, having Bungalow, car, and do not disclose his income.
Can Applicant wife apply to court to direct husband to produce his income proof, I T Return?
In case husband argue that it is the Wife who have to prove her case, and refused to give Income documents, what is the remedy to get justice to prove that husband is earning over Rs. 2L per month, and his 6 years old son is entitled to Rs. 50,000, and wife Rs, 50,000/- totaling 1L maintenance per month under sec 125 cr pc?? Wife cannot get any proof of Husband’s income, living separately for last 3 years. w/o any fault on her side.
What maximum amount passes as mtn u/s 125??
Devajyoti Barman
(Expert) 15 December 2011
If the wife could rightly establish the status, professional standing and standard of living of the husband, the court may well exercise its judicial discretion to grant handsome maintenance to the wife and the child.
In the trial if the husband does not produce IT-Return, then the court mat well take adverse presumption against the husband.
Nadeem Qureshi
(Expert) 15 December 2011
Mr. Burman is rightly explain I am agree with him
Shailesh Kumar Shah
(Expert) 15 December 2011
request to the court, for call it return from ITO.
Shonee Kapoor
(Expert) 15 December 2011
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 15 December 2011
Rightly said by Shri Devajyoti.
kusum gupta
(Expert) 16 December 2011
if your case is properly presented and your husband is not disclosing his genuine income then he can be in trouble for living a luxurious life with his very less income not compatible to his living style and in that case wife can get better amount of maintenance. further apart from income many other factors are also to be considered in deciding the maintenance petition
kusum gupta advocate
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