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Selva Srini (Self)     23 September 2009

Maintanence -- Advocate Comissioner

Hello All, Brief history of the case as I mentioned in my previous threads that my wife filed maintence under sec 18 of HAMA.Here are the details. 1.Did not behave humanly and did not allow her to step out of the house. Evidence:Produced the salary certificate and Bank statement.Later she filed IA saying that she had resigned the job 2.Being a qualified software engineer was not allowed to work and was ill-treated. Many times threatened to kill her and harassed mentally and physically in all aspects. Evidence:Produced the salary certificate and Bank statement.Later she filed IA saying that she had resigned the job and in her cross examination she admitted that she is working from 9.30 to 6.30PM and will reach home by 9.30PM 3.Asking for huge sum of dowry Hmm she alleged that they had given 10 lakhs + 440 grams of gold to me and (3 Lakhs as marriage expenses + 10 lakhs + 440 grams of gold to my co-brother last year -- This was not present in original petition ) Judge told you have to prove in the other court not in family court these allegations. 4.Necked out of house In her cross she admitted that she asked her parents to come and pick her. I had not disclosed the income to the court in the counter and told the allegation of getting 20Lakhs as handsum of salary is denied.Since they exhausted with all the other options they had asked the court to appoint a advocate commisioner to verify my salary details with my project manager in our company. Please suggest me how I can proceed further. If you have any judgments on only husband has to prove his income and not this way helps me a lot. Thanks, Selva



Learning

 1 Replies


(Guest)

1. By appointing a LC / CC the best evidence which will come out will be about your Income as in "True Income" of Husband which can't even be challenged in any of the higher forum if she still remains "agreeved".
2. The question now from all these facts you mentioned are (a) What she is asking as monetary relief as in status of parties in a summery proceeding and (b) why you are afraid to hide your income?
3. There are no. of citations in favor of Husband when highly qualified wife and or when incapacitated wife asks for maintenance and views of Courts. It would be best when you have appointed a Adv. to defend yourself to ask him to do this homework otherwise appoint a new one and some money there :-). Afterall frivilous litigation as well as lossing the same case both cost money in longer run is it not so ?
4. Well if you still insist to use short cut methods then click https://mynation.net/docs/
All the best
Regards
D. Arun Kumar, New Delhi, ishqindia@gmail.com, 981162 4141


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