@ Author
1. Read your PM sent today to me.
2. You have been sufficiently advised.
3. Still if you are in confusion stage and if this is a case of S. 24 HMA interim maint. then we would say that there cannot be an exhaustive list of factors, which are to be considered in guessing the income of the spouses, but the order based on guess work cannot be arbitrary, whimsical or fanciful. While guessing the income of the spouse, when the sources of income are either not disclosed or not correctly disclosed, the Court can take into consideration amongst others the following factors:
(i) Life style of the spouse;
(ii) The amount spent at the time of marriage and the manner in which marriage was performed;
(iii) Destination of honeymoon;
(iv) Ownership of motor vehicles;
(v) Household facilities;
(vi) Facility of driver, cook and other help;
(vii) Credit cards;
(viii) Bank account details;
(ix) Club Membership;
(x) Amount of Insurance Premium paid;
(xi) Property or properties purchased;
(xii) Rental income;
(xiii) Amount of rent paid;
(xiv) Amount spent on travel/ holiday;
(xv) Locality of residence;
(xvi) Number of mobile phones;
(xvii) Qualification of spouse;
(xviii) School(s) where the child or children are studying when parties were residing together;
(xix) Amount spent on fees and other expenses incurred;
(xx) Amount spend on extra-curricular activities of children when parties were residing together;
(xxi) Capacity to repay loan.
These are some of the factors, which may be considered by any court in guesstimating or having a rough idea or to guess the income of a spouse. It has repeatedly been held by the Courts that one cannot ignore the fact that an Indian woman has been given an equal status under Articles 14 and 16 of the Constitution of India and either spouse have a right to live in dignity and according to the status of other spouse. In the fact before us case, the stand taken by the Applicant wife with respect to her earning is unbelievable.
In the facts and circumstances of this thread read with your PM of today to us, it is suggested to file an Application before concerned Court to direct both the parties to file along with Affidavit their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing more particularly the following :-
(i) Relevant documents with respect to income including Salary certificate, Form 16A, Income Tax Returns, certificate from the employer regarding cost to the company, balance sheet, etc.
(ii) Audited accounts, if deponent is running business and otherwise, non-audited accounts i.e. balance sheets, profit and loss account and capital account.
(iii) Statement of all bank accounts.
(iv) Statement of Demat accounts.
(v) Passport.
(vi) Credit cards.
(vii) Club membership cards.
(viii) Frequent Flyer cards.
(ix) PAN card.
(x) Applications seeking job, in case of unemployed person.
Under Prayer also pray that the affidavit and documents be filed within a period of four weeks with an advance copy to opposite parties who shall file their response within two weeks thereafter.
Following particulars be revealed under Affidavit by parties;
Personal Information
(i) Educational qualifications.
(ii) Professional qualifications.
(iii) Present occupation.
(iv) Particulars of past occupation.
(v) Members of the family.
(a) Dependent.
(b) Independent.
Income
(i) Salary, if in service.
(ii) Income from business/profession, if self employed.
(iii) Particulars of all earnings since marriage.
(iv) Income from other sources:-
(a) Rent.
(b) Interest on bank deposits and FDRs.
(c) Other interest i.e. on loan, deposits, NSC, IVP, KVP,
Post Office schemes, PPF etc.
(d) Dividends.
(e) Income from machinery, plant or furniture let on hire.
(f) Gifts and Donations.
(g) Profit on sale of movable/immovable assets.
(h) Any other income not covered above .
Assets
(i) Immovable properties:-
(a) Building in the name of self and its Fair Market
Value (FMV):-
- Residential.
- Commercial.
- Mortgage.
- Given on rent.
Others
(b) Plot/land.
(c) Leasehold property.
(d) Intangible property e.g. patents, trademark, design, goodwill.
(e) Properties in the name of family members/HUF and their FMV.
(ii) Movable properties:-
(a) Furniture and fixtures.
(b) Plant and Machinery.
(c) Livestock.
(d) Vehicles i.e. car, scooter along with their brand and registration number.
(iii) Investments:-
(a) Bank Accounts – Current or Savings.
(b) Demat Accounts.
(c) Cash.
(d) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.
(e) Stocks, shares, debentures, bonds, units and mutualfunds.
(f) LIC policy.
(g) Deposits with Government and Non-Government entities.
(h) Loan given to friends, relatives and others.
(i) Telephone, mobile phone and their numbers.
(j) TV, Fridge, Air Conditioner, etc.
(k) Other household appliances.
(l) Computer, Laptop.
(m) Other electronic gadgets including I-pad etc.
(n) Gold, silver and diamond Jewellery.
(o) Silver Utensils.
(p) Capital in partnership firm, sole proprietorship firm.
(q) Shares in the Company in which Director.
(r) Undivided share in HUF property.
(s) Booking of any plot, flat, membership in Co-op.
Group Housing Society.
(t) Other investments not covered by above items.
(iv) Any other assets not covered above.
Liabilities
(i) OD, CC, Term Loan from bank and other institutions.
(ii) Personal/business loan
(a) Secured.
(b) Unsecured.
(iii) Home loan.
(iv) Income Tax, Wealth Tax and Property Tax.
Expenditure
(i) Rent and maintenance including electricity, water and gas.
(ii) Lease rental, if any asset taken on hire.
(iii) Installment of any house loan, car loan, personal loan,business loan, etc.
(iv) Interest to bank or others.
(v) Education of children including tuition fee.
(vi) Conveyance including fuel, repair and maintenance of vehicle. Also give the average distance travelled every day.
(vii) Premium of LIC, Medi-claim, house and vehicle policy.
(viii) Premium of ULIP, Mutual Fund.
(ix) Contribution to PPF, EPF, approved superannuation fund.
(x) Mobile/landline phone bills.
(xi) Club subscripttion and usage, subscripttion to news papers, periodicals, magazines, etc.
(xii) Internet charges/cable charges.
(xiii) Household expenses including kitchen, clothing, etc.
(xiv) Salary of servants, gardener, watchmen, etc.
(xv) Medical/hospitalization expenses.
(xvi) Legal/litigation expenses.
(xvii) Expenditure on dependent family members.
(xviii) Expenditure on entertainment.
(xix) Expenditure on travel including outstation/foreign travel, business as well as personal.
(xx) Expenditure on construction/renovation and furnishing of residence/office.
(xxi) Any other expenditure not covered above.
General Information regarding Standard of Living and Lifestyle
(i) Status of family members.
(ii) Credit/debit cards.
(iii) Expenditure on marriage including marriage of family members.
(iv) Expenditure on family functions including birthday of the children.
(v) Expenditure on festivals.
(vi) Expenditure on extra-curricular activities.
(vii) Destination of honeymoon.
(viii) Frequency of travel including outstation/foreign travel,business as well as personal.
(ix) Mode of travel in city/outside city.
(x) Mode of outstation/foreign travel including type of class.
(xi) Category of hotels used for stay, official as well as personal, including type of rooms.
(xii) Category of hospitals opted for medical treatment including type of rooms.
(xiii) Name of school(s) where the child or children are studying.
(xiv) Brand of vehicle, mobile and wrist watch.
(xv) Value of jewellery worn.
(xvi) Details of residential accommodation.
(xvii) Value of gifts received.
(xviii) Value of gifts given at family functions.
(xix) Value of donations given.
(xx) Particulars of credit card/debit card, its limit and usage.
(xxi) Average monthly withdrawal from bank.
(xxii) Type of restaurant visited for dining out.
(xxiii) Membership of clubs, societies and other associations.
(xxiv) Brand of alcohol, if consumed.
(xxv) Particulars of all pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, MACT, etc. with parties name.
Reasoning:
A. Some threads when answered sufficiently are going into loop and wants some super clarity.
B. Be it so above is Judicial wisdom way out to filter who is lying before concerned Court (lying under Oath – Perjury remember that) and since yours is audited Income Vs. hers un-declared income once all above are produced by respective parties under Affidavit. Sum result either she will not get what she is cunningly seeking and or Court will see parity and may not grant interim maint. to her and or finally once a fighting spirited Husband voluntarily seeks Court directions on above so called exhaustive income – expenditure – liability details such cases ends up in "mutual consented" divorce ways and past histrionics of similar actions as per various trial court read with HC time tested similar Orders reveal what is written in above quote - unquote.
So dear querriest shall you try above if you have nothing to hide and seeking truth that also in matrimonial affairs of two spouse J
PS.: I am not again replying on Custody / visitation part as I have over written on said subject here and let others give their valuable advise on this un-replied here child custody / visitation query.
