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Prashant Kumar (proprietor)     20 October 2010

Concealing Income May Prove costly??

Concealment of  Income may prove costly for husbands, so be aware, and see the news below,

 

Man conceals income; to pay extra as maintenance to wife

PTI | 07:10 PM,Oct 18,2010

New Delhi, Oct 18 (PTI) A man's move to avoid paying Rs 10,000 monthly maintenance to his estranged wife by suppressing his earnings has boomeranged as a sessions court asked him to pay instead Rs 15,000 noting that he tried to conceal his income. "There appears to be clear attempt by the petitioner/ revisionist (husband) not only to conceal and suppress his income but also present an untrue picture of his occupation and financial status/background," Additional Sessions Judge Dharmesh Sharma said. The man, who avoided paying maintenance to his wife claiming that he was merely assisting his mother in the business left behind by his father, could not impress upon the court with his plea that he was getting Rs 2,000 per month. "The plea of the petitioner that the entire business left behind by his father belongs to his mother and that he is getting Rs 2,000 per month from his mother appears to be a Cock and Bull story," the sessions court said. It also noted that "surprisingly" in the written submissions the man claimed that he was doing a job in a shop in a market in Bulandshahar district in Uttar Pradesh and earning Rs 4,000 per month in order to sustain himself and his mother, which was contrary to his plea. The wife, who was living separately from the man since March 18, 2007, after their marriage in November, 2006, on the other hand, claimed he was a proprietor of a firm and was also engaged in wholesale business of grains, dry fruits and spices. She claimed he was a man of means and earning more than Rs 80,000 per month. He also owned two four-wheelers, besides having a driver and a host of servants, the wife said. "The reply by the petitioner as regards his financial status clearly demonstrates that the petitioner husband is taking the court for a ride and hell bent on denying his responsibility to maintain his wife," the court said. "In the facts and circumstances that the petitioner husband has tried to hide his income, if the income is assumed to be between Rs 50,000 to Rs 60,000, award of maintenance at Rs 10,000 is on lower side and therefore the maintenance is enhanced to Rs 15,000 per month," the sessions court said. The man had challenged the order of Metropolitan Magistrate passed in April this year to pay Rs 10,000 per month to his wife, allowing her application that had alleged that right from the time of marriage she has been ill-treated, tortured, harassed and humiliated by her husband and his family members for and on account of dowry.

 

https://ibnlive.in.com/generalnewsfeed/news/man-conceals-income-to-pay-extra-as-maintenance-to-wife/424734.html

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 9 Replies


(Guest)

POOR CHAP , come to siff to be a welder , rehdiwala, khomchewala and also how take tem for a ride.

Prashant Kumar (proprietor)     20 October 2010

????????????

Didn't get u,

Plz. Elaborate your reply.


(Guest)

He's lucky that the magistrate was ignorant. The guy could have landed in jail.BUT, lucky otherwise as a jailed man cannot pay maintainence even if he's Bill Gates. Moreover once a silly woman gets greedy and gets her hubby jailed ,then if concealing income while they were married ,she becomes a party too in cealment of income if she didn't divorce him on that ground. Thirdly she's still a party as who else could have told the magistrate except his wife about income concealment? 4th. Law is nothing more than codified common sense.

Renuka Gupta ( Gender Researcher )     21 October 2010

There are many ways of concealing income. One of the ways is not to tell the other spouse the salary and savings details and quote low salary which often happens. So how a spouse becomes a party to the other spouse' concealing income?


(Guest)

for citations on maintenance for husband , can pm me. For treatment of greedy women join SIFF and go thru contents of 498a.org . training to wife by prbahakar and his likes will go down the drain. a big businessman can choose from options like chaiwala , kabadiwala, welder, khomchewala , sabjiwala in case of loss in/ closure of his business depending on his capabilty and qualifications.

Maintenance is NOT a dole.

1 Like

Renuka Gupta ( Gender Researcher )     21 October 2010

Exactly, Maintenance is not a DOLE!

Parth Chandra (none)     21 October 2010

Prabhakar Ji,

Can you please give below information related to this judgement?

1) Whether this was interim order or final?
2) Was it in Crpc 125 or some other maintenance case?
3) Did wife produced any evidence / independent witness to proove cruelty/dowry harrasement or simply filed affidavit and produced family/friends as witnesses?
4) Did husband refused to take wife back or wife was refusing to go back?

Thank you sir,

PC

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     21 October 2010

VERY URGENT QUERY ON ADOPTION

Can any expert guide me about adoption law/case law.My problem is as under:

My wife got expired 3 years ago and after that 2 years ago i got married with a dovorcee having a child.Before or at the time of marriage she did't asked for adoption of her child but now she querrrls everytime for adopting child frome her earlier marriage.She had taken big amount for herself and hershild from his previous husband.

Now 4 months ago she fought on small issue and went to her parents house and admitted her child there in the school and also started working in some company.Now my in-laws and she is forcing that she will return only if i adopt her child and do many other things to make her feel financially safe.

She has a FDR of Rs.20 lacs and she is earning Rs.15000/ per month.

I have a doubt that if i adopt her child then she will sue me for maintenance for herself and her child both.

Adoption Law does't permit married women to adopt during subsistence of her marriage otherwise i was planning to propose her to adopt my child.

If under this pressure i adopt then will it amount to undue influence and deed of adoption becomes voidable.

Please advise what to do.


(Guest)

 

You said he was a proprietor of a firm and was also engaged in wholesale business of grains, dry fruits and spices. She claimed he was a man of means and earning more than Rs 80,000 per month. He also owned two four-wheelers, besides having a driver and a host of servants, the wife said.

 

"The plea of the petitioner that the entire business left behind by his father belongs to his mother and that he is getting Rs 2,000 per month from his mother appears to be a Cock and Bull story,"

 

The main thing is to prove it in a court.

So,you said  Be aware.i think no one aware because in a court the wife,her advocate  have to prove or if husband make mistake .In a court most men try to hide the income in order to give less maintenance. But the judge have to look upon the evidences and give proper relief. In this case the court observed:  In the facts and circumstances that the petitioner husband has tried to hide his income.


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