Husband having unreported income sources

Whether black or white money, if you able to establish the source and quantity of income, you can very well go ahead for maintenance amount for you as well quoting the social status as a reason.

In your petition, you have to move an application stating the details and addresses of the business your husband owned and/or a partner and also all his bank account details.  In the event if you do not know his bank account details, you can ask the court to direct him to file an affidavit disclosing all his financial resources including the details of bank accounts and the pass book copies to assess his income for quantifying the maintenance amount awardable to you and your child.  Without saying it goes that if you do not know his land/rent properties, those details also can be sought through your application.

reagards.

thanks for the information. it is very useful and surely I will do this.

I have one more question. I have already filed a petition. So can I request the court again for the same. Is there any specific format in which I can do this.

 

Regards

Swarangi

Ms. Swarangi,

Dial his mobile number from other unknown number, confirm his phone number and business name, talk intelligently about buying a product, its price etc. etc. REMEMBER, START / ON THE VOICE RECORDER AFTER DIALING. there after file the application before the Trial Court to get the direction to the respondent to disclos his income. businesses details from the date of filing of the application on AFFIDAVIT. thereafter file the CD of Voice Recording before the Court to Order the FSL examination. You may file the application under section 340 of Criminal Procedure Code for his conviction under section 193 of I.P.C. / Criminal perjury on the oath regarding his business. You both are earning so plus all the amount and divide in three parts and calculate the burden of maintenance to provide the minor child (However Court thinks the less maintenance for the child but strongly argue that child maintenance is not less to the adults), At last my opinion is pass some years with your husband in matrimonial home if tolerable. Out side the wedlock there are many problems. 

Yes, Madam.  It is easy thing which I said and in several cases the petitioner wife who is kept in dark about the source and the quantity of income the husband earning same difficulty which you have been facing.  Once he files reply to your petition not revealing his full income, you have to file APPLICATION saying that your husband has other sources of income and give the details of such sources as much as in your knowledge and seek the court's direction to him to produce his bank statements, locker numbers, landed property, business firms etc. and file an affidavit disclosing his full income.  The application is generally drafted in the same way as they are drafted.  The purpose of asking his details on affidavit is that in case he lies before the court and in future you will come across to the real income, you can prosecute him.  As there will be a threat of criminal prosecution, he is expected to file truthful statements in his affidavit.  With due respect I say that Mr. S.K. Agarwal's prescripttions, such as calling on mobile anonymously, recording the chat, filing application along with recorded conversation, filing S.340 Cr.P.C. are far-fetched and impractical and not warranted at this stage and what at this stage you have to do is to look into his reply and if it does not reveal the full real income, then to simply file an application in the above said terms and the court will do the rest of the things.  THE COURTS ARE WELL AWARE THAT THE PARTIES IN THESE DAYS ARE NOT COMING WITH FULL FACTS AND HENCE THE DIRECT THE PARTY TO FILE AN AFFIDAVIT INDICATING HIS REAL INCOME.   

@ Author Please Note that child maintanence is co-extensive when both the spouses are working.Hence both of you have contribute toiwards child maintanence . While deciding maintanence the needs of the child as well as the income of the spouses would be taken into consideration .And remember when he is running a business he can potray losses in the same due to any factors like recession . So be happy with whatever the court decides to pay. The burden to prove his source of income lies upon you . Our learned friend Mr Chandu when it comes to a womens query replies in a butter polished manner and than has pity on the women stating that it is difficult to prove domestic violence inside four walls of the bedroom :-).

The learned advocate Mr. Chandershekhar is not highlighting the point that onus of proving his income lies on you . You can file anything and even ask for WHITE HOUSE of US in petition. Nobody will stop you for asking. Asking and getting is different. And if u r in Delhi, court may ask you to submit Affidavit of your income and asset details. So beware before you lie. 

I have seen numerous times that many advocates here just reply in a polished manner just to sympathize with a lady .........and for me it is equal to promoting crime in society and should not be done at any cost.