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rahul (Owner)     15 August 2021

Asset and liability affidavit

Hello everyone, My wife filed false dv case against me and asking for 75000 per month as interim maintenance. Please guide me on below questions,

1. She is earning 20000 as salary which is credited to her account and 30000 in cash from private tuition. She is disclosed her earning only 20000 to honorable court. Any way to prove that she is getting 30000pm from Pvt tuition?

2. My father purchased flat and land when I was minor. So do I need to disclosed flat and land in affidavit as self occupied property? 

Thanks a lot.



Learning

 6 Replies

Dr J C Vashista (Advocate)     16 August 2021

How do you claim/ establish /prove that she is earning Rs. 30,000/- in cash from tuition ? 

It is not a legal query for consideration and obligation of experts on this platform.

If your father has purchased the property in your name you are the titleholder and can not conceal.

Seek advise / guidance of the lawyer engaged / paid by you who is well aware about the facts and circumstances of the case and an able, competent and intelligent enough to satisfy your queries.

rahul (Owner)     16 August 2021

Thanks a lot for advise. Regarding first point....how can I prove in court that she is earning 30k from Pvt tuition?

G.L.N. Prasad (Retired employee.)     16 August 2021

That income is not regular and certain.  You may state a hundred sources of income of wife but the court considers that income which is regular and certain.  Let your advocate handle the issue.  But submissions and arguments indirectly speak the real mentality and intentions of the parties, Court considers those signals to deliver justified maintenance to spouse.

1 Like

P. Venu (Advocate)     16 August 2021

You can include the information in the counter affidavit.

Dr J C Vashista (Advocate)     17 August 2021

It is better to consult and engage a local prudent lawyer for analyses of facts, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     17 August 2021

An affidavit must be true to the facts, you are only aware of the facts.  Disclose facts and do not seek opinions on disclosure of recorded facts.


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