Raising same issue after settlement in supreme court
HITESH SHAH
(Querist) 24 May 2018
This query is : Resolved
RESPECTED SIR,
WIFE HAS COMPLAINED REGARDING JOINT FIXED DEPOSIT AGAINST POLICE IN WRITING AS WELL AS ALSO DONE LITIGATION FOR THE SAME IN MAINTENANCE CASE IN FAMILY COURT WITH ALL BANK STATEMENTS. BUT LATER ON IN SUPREME COURT SETTLEMENT WAS DONE FOR MAINTENANCE CASE THROUGH ONE SENIOR AND ONE JUNIOR ADVOCATES AS MEDIATORS.ON SETTLEMENT AGREEMENT ON EACH PAGE SIGN OF WIFE , WIFE’S FATHER,HUSBAND ,BOTH MEDIATORS AND SUPREME COURT ADVOCATES OF BOTH PARTIES WAS TAKEN. IN SETTLEMENT AGREEMENT ( 1) HUSBAND HAS TO GIVE DECIDED FIXED MAINTENANCE OF WIFE AND CHILDREN FOR LIFE TIME . AND WIFE HAS TO WITHDRAW DV CASE, POLICE CASE AND PROPERTY SUIT.(2) THERE IS NO ANY DISPUTE REGARDING FINANCE,PROPERTY TILL DATE OF SETTLEMENT AGREEMENT (3) IF ANYBODY WANTS TO PUT FRESH LITIGATION ,HE OR SHE HAS TO TAKE LEAVE FROM SUPREME COURT WHICH WAS ADDED BY JUDGE IN ORDER .SHE HAD WITHDRAWN DV CASE IN JULY 2017.BUT NOT WITHDRAWN PROPERTY CASE BUT TRIAL COURT HAD PASSED ORDER TO DISMISS FOR WANT OF PROSECUTION UNDER ORDER 9 RULES 8 OF CPC CODE IN AUGUST 2017 AND POLICE CASE WAS CLOSED WHEN I SUBMITTED SUPREME COURT ORDER. NOW AGAIN SHE RAISED ISSUE OF FIXED DEPOSIT AND SAYING THAT I WILL INFORM TO INCOMETAX DEPARTMENT . WHAT I SHOULD DO WHEN INCOME TAX DEPARTMENT GIVES ME A NOTICE ON BASIS OF MY WIFE COMPLAIN WHICH WAS SETTLED ACCORDING TO SUPREME COURT SETTLEMENT AGREEMENT.CAN SHE RAISE THE SAME LITIGATION WHICH WAS CLOSED ACCORDING TO SETTLEMENT AGREEMENT BEFORE 10 MONTHS?
Vijay Raj Mahajan
(Expert) 25 May 2018
Issue raised with Income Tax can be for non-disclosure of your income or undisclosed wealth accumulated by you, it is nothing to do with the mutual settlement between both husband and wife. This matter relates to Income Tax department and the husband for his income, source of income and undisclosed or undeclared wealth for taxation purposes. Set your papers right for Income Tax department to face their charges, the Supreme Court settlement by no manner will help you in this direct dispute with the IT department, rather your wife may be further get rewarded by IT department for disclosing your undisclosed or undeclared income/wealth. All your intelligent senior advocates of Supreme Court could not smell this rat that could have worked out with your wife at that time, now nothing can be done.
