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Arjun (Business man)     28 April 2016

Income tax returns in maintenance

Hi,

Could you please clarify on my query. My wife filed maintenance case and some how she got my Income tax returns and filed in court and she used to work and when i filed petition stating that she is working on.She resigned on sitting in home.

Query 1: How she is able to get my income tax returns? (she know my pan card and DOB also my mobile number)

Query 2: How to defend this situation

Query 3: is it possible to file case against my wife for unauthorised way she got my income tax returns?

Seek for support and clarification

Thanks in advance

 

 



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     29 April 2016

You cannot question her source of getting your IT returns in the case. You should defend your case by bring on record her means of maintenance till date, her resignation of the job will be questioned, her qualification and other source of income, her existing properties both movable and immovable. The wife has been maintaining life style till date and how she is doing so without any income will be very important issue to argue in the maintenance case.

(Guest)

You do one thing, next date ask for appointment of Court Commissioner in your case as wife's working details and her assets are not known to you, a CC's findings even SC cannot overlook.  He will get all the details of your wife's fixed and non-fixed assets along with her employer details to the court.  Consult with your lawyer for further  details as to how and forth.

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 April 2016

1) You only can deny the return statement which you can not as it is true, You cant question the source of document. It may have been derived from your own files, mails, CA, Returning officer or by the some one who is working in the income tax department.

2) As far as her leaving the job is to be considered it does not matter whether she is still working or not the main question is whether she is capable of earning or not and how much? Can she maintain herself out of her earning capacity as at par with the standerds of her married life or not? As law gives her right to enjoy the same status as she was enjoying after the marriage and if she is not she has to be compensated with the differance amount.

It is better you prove her capabilities to earn which only can be established by showing her qualifications and past history of employment. Even if she is a mere house wife with a good qualification in a recent judgement of Delhi court she was entitlled for only a year maintenance and within that time period she was ordered to find a job and stand up to maintain her self. So do not worry just chose a good Advocate who can represent you properly in the court and can establish your contentions properly.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 April 2016

1) You only can deny the return statement which you can not as it is true, You cant question the source of document. It may have been derived from your own files, mails, CA, Returning officer or by the some one who is working in the income tax department.

2) As far as her leaving the job is to be considered it does not matter whether she is still working or not the main question is whether she is capable of earning or not and how much? Can she maintain herself out of her earning capacity as at par with the standerds of her married life or not? As law gives her right to enjoy the same status as she was enjoying after the marriage and if she is not she has to be compensated with the differance amount.

It is better you prove her capabilities to earn which only can be established by showing her qualifications and past history of employment. Even if she is a mere house wife with a good qualification in a recent judgement of Delhi court she was entitlled for only a year maintenance and within that time period she was ordered to find a job and stand up to maintain her self. So do not worry just chose a good Advocate who can represent you properly in the court and can establish your contentions properly.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

 

Arjun (Business man)     01 May 2016

Thanks for details. We help of my lawyer already i have raised petition to request her salary details.Its pending with orders and arguements going on

adv.bharat @ PUNE (Lawyer)     01 May 2016

1) In ur case u need to prove that ur ex-wife is well educated and and maintain her self.

2) If u want to resolve issue consult experiance lawyer.

Thanks


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