Presentation of documents.
minsal
(Querist) 27 April 2012
This query is : Resolved
Sir,
a wife has filed a case for maintenance against the husband (Our Client). the husband is doing job in a multinational co. wife in her application, made false allegations against the husband and showed a huge income of husband. but as the allegations are false she can not prove. she therefore send a notice to her husband through her advocate and demanded copies of husband's salary slips, copy of passport, bank account's (Individual and also joint with other family member/s), debit/credit card details, details of FD and other investments etc. the husband does not wish to furnish the same as he said that he does not wish to give knife in the hand of her wife to stab him. he said that he does not have a huge source of income as falsely alleged by his wife but his salary is very handsome.and if he furnish the details his wife misuse the same against him.
what should we do?
Please guide us.
Nadeem Qureshi
(Expert) 27 April 2012
Dear Minsal
he should send a reply of that notice to her advocate, the basic rule is that, no person can be force to give statement which will be prove against him. It is her responsibility toprove his Income or social status
feel free to call
Raj Kumar Makkad
(Expert) 27 April 2012
One cannot be forced to become witness against himself so the income is to be proved by wife.
It should be very clear to you that wife of your client can move an application before the court to summon the salary record of your client from his office and in that event it shall be duly admissible.
Your client can show his liabilities on exaggerated side, if he has. He can also prove the income being earned by his wife, if she is earning.
Adv.R.P.Chugh
(Expert) 28 April 2012
Having said that....Being silent on your earnings or under-playing them there is always a risk of court drawing adverse inference....the courts these days have gone to the extent of presuming a figure as salary if accurate record is not available.....You'd be in all probability be required to disclose these things on an affidavit in a court and don't try act smart there.....But right now you can let it go.
Shonee Kapoor
(Expert) 04 May 2012
Except in Delhi, where HC has ruled that both parties need to furnish affidavit of assets and liabilities since marriage in maintenance cases.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 04 May 2012
if husband says he does not have huge source of income and wife has give exaggerated figures an application cna be made to court directing husband to produce his income tax retruns .
if he does not give nay information court may draw adverse infernce
