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Harassed Hunsband (prop)     16 June 2012

Maintainence

My wife deserted me within 3 months of marraige, I filed the petition after completion of one year of marraige, we have been thru counselling twice and second time I said, i cnt get back togather.

She has now filed interim maitaninence, I have to reply in next date.

What paper are required for filing reply to interim maintainence, and I live with my parents, are their income to be considered also....?

Is three year ITR required, or three year income proof...?

 



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 June 2012

You have to show your income, liability thru., relevant documents.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 June 2012

Only your means and capacity to earn would be considered. Family has got nothing to do with this. Your dependancies would also be considered

(Guest)

Your parents income is not considered.

Harassed Hunsband (prop)     18 June 2012

Sirs,

Thank you so much for the reply,

I submitted my Net profit and domestic expense to the laywer, and she says its not enough income justified, and is asking for my last three year income Plus My parents income as they are living with me.....

I doubt weahter it is necessary to give my parents income to the court.... and also wether only my present net income should be considered for the case or not....?

I have an MOU with my dad dated 2005 & 2007 (not registered) stating that I have to take all the household expense and matining them because I am staying with them and also I am using their property for the business office purpose, We also have the loan or the capital provided by my parents for the business for 5 years which expires on september 2012. Their income is the interest I provide for the finance they given to my proprietorship company.

Thak you once again for the replies i received for the maintenence....

Harassed Hunsband (prop)     18 June 2012

Sirs,

Thank you so much for the reply,

I submitted my Net profit and domestic expense to the laywer, and she says its not enough income justified, and is asking for my last three year income Plus My parents income as they are living with me.....

I doubt weahter it is necessary to give my parents income to the court.... and also wether only my present net income should be considered for the case or not....?

I have an MOU with my dad dated 2005 & 2007 (not registered) stating that I have to take all the household expense and matining them because I am staying with them and also I am using their property for the business office purpose, We also have the loan or the capital provided by my parents for the business for 5 years which expires on september 2012. Their income is the interest I provide for the finance they given to my proprietorship company.

Thak you once again for the replies i received for the maintenence....

Vikram Jain (Profession)     19 June 2012

Dear Buddy

You have written nothing about Ur wife's income. Try to search for her source of income. Try again and again, u will definately find something. It can be a bank saving account or she must be maintaining a Fixed Deposit/ Post Office MIS/ Demat Account/ Bank Locker/ Recurring deposit etc. with any Bank/ Post Office, etc. Its you who has to make it Bro. Search, Search and Search, you will find some thing. 

Regards

Vikram Jain (Profession)     19 June 2012

You can also search for her previous year Income Tax Return online. It shows TDS details for the assessee with the help of which you can prove her source of income before the Court of Law. Hence, no Alimony !!


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