Burden of prove in maintanence cases

stanley (Freedom) 16 October 2012

Burden of proof lies on the person who alleges it . But...........................if you dont sumbit your salary slip and wife says you are earning 3 lacs and judge is biased than in india anything is possible than judge may pass maintanence of 1 lac and than you come crying in LCI stating so and so problem and ask can i appeal against it :-)

(Guest)

Is salary slip must?

AEJAZ AHMED (Legal Consultant/Lawyer) 16 October 2012

The Indian Evidence Act,

Sec – 101 : Burden of proof.- Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations

a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.

b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.

When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Either it may be Wife – Petitioner

For Eg. to prove that her husband is having Some Properties OR getting some extent of Salary per month.

Or it may be the Husband – Respondent

For Eg. to prove that his wife is a working lady getting some extent of Salry Per month OR have some properties on her name in her possession purchased by him

Tajobsindia (Senior Partner ) 16 October 2012

I disagree;
Reasoning:
ref. Chaturbhuj Vs. Sitabai (2008) 2 SCC 316

Held: Under the law (S. 125 CrPC), the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife.

rahul (director) 16 October 2012

if wife contend your income is Rs 3lac per month, and you file your ITR for Rs 5lac per year, then burden on wife to prove that you are making Rs 36 lac in year other wise judge will consider you earning Rs 5 lac yearly only. merely stating in application that husband earning 50 lac a month.. with any substaintial prove.. it is nothing but just a waste of papers. judge taking this view.

Adv. Nikhil Seth (legal consultant (9867264707)) 16 October 2012

There are lot of factors involved if wife gets your real income proof or current income proof than court will decide on existing evidence filed by wife rather than ITR copy. Court will rely on evidence you furnish .

Adv NIKHIL SETH

Mumbai