Need advice
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
My marriage in 2004. my wife is advocate but bar council registration form fillup unmarried in 2009.
in this regards
I am sending letter to bar council of Uttar Pradesh, Allahabad trough R.T.I. Act for get form & affidavit xerox copy but bar counsel of Uttar Pradesh is not given till date.
what can I do.
and she take maintenance.
Sailesh Kumar Shah
(Expert) 19 December 2011
She could not get maintenance, if you prove that she have sufficient income to maintain herself.
Devajyoti Barman
(Expert) 19 December 2011
It would depend upon how much she earns. Mere earning of income is not sufficient to avoid maintenance.
Unless you prove that she has handsome income , you can not avoid maintenance specially when the advocates do not have documentary evidence of income.
Guest
(Expert) 19 December 2011
Bar council is a private organization and exempted from RTI act so you will not get the reply from bar council and more over from where you got that information that she is unmarried.
you can not deny from the maintenance and it is your duty for her maintenance.
Naresh Kudal
(Expert) 19 December 2011
Agree with Mr. Devajyoti Barman.
Sudhir Kumar, Advocate
(Expert) 20 December 2011
By the way by getting such evidence from Bar council are you tying to prove that she is unmaried and deny marriage? You are admitting on internet that she is your wife. She might be having ample proof of she being wife. Mere registeration with bar council is no evidence of someone having income. She may not be practicing. Her IT returns are more relevant evidenc eto prove her income.
jeevan1950
(Expert) 20 December 2011
Agree with Shri Sachdevji
prabhakar singh
(Expert) 20 December 2011
Despite being married in 2004 with you,if she has admitted in Bar Council Registration form or in affidavits sworn in 2009 that she is unmarried,you do not get yourself free that you too are not married togather.
Her act is giving of a false affidavit may amount to an offence for which you can complain,but then you need to tell whom with she was married at then.What do you find?Here also to proceed you need to admit her married but you want otherwise.
Has she filled any maintenance case against
you???
If yes!Then you need to prove her income first.Merely registration with Bar Council,that too of a lawyer of 02 year standing does not ipso facto proves her income.Her daily case diary may prove how many cases she attend daily again if she is not filling return only her evidence
would be credible what she earns unless her clients come to state against her in your favor is the merit situation of any denial to maintenance.
What is your own income?
And and how many other dependents besides wife you have,such as parents,their age,their medical need etc.
Shonee Kapoor
(Expert) 20 December 2011
I agree with Ld. Prabhakar Singh.
Way out is to complain and thne file RTI as to what happened to your complaint by asking Action Taken Report.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 20 December 2011
I also agree with Mr.Prabhakar Singh.
Shyam Ji Srivastava
(Expert) 20 December 2011
You can also approach BAR COUNCIL OF INDIA NEW DELHI and I hope you will get justice.
