Born Fighter (xxx) 07 August 2015

Maintenance claim by suppressing employment details

Can a person who is still AS ON DATE shown as Director of Pvt Ltd company on Ministry of Corporate Affairs websites claim in court that he has resigned as a Director but somehow not submitted resignation to ROC (Registrar of companies)

Can a person resign by submitting resignation to Board of Directors and without communicating to ROC ? How will this situation be assessed in court of law.

This is related to divorce case where the husband had exposed lies of wife (who is director) 11 months back to court by submitting docs of company formation from ROC, Office location and telephone details to court. Wife has still not officially submitted or ensured her name is dropped as Director from MCA website. She is 33% shareholder in company and company is profit making entity with turnover exceeding 60LPA

How will this situation be viewed legally in court of law for maintenance calculations.

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S.JEEVAGAN, Madurai. (Advocate, High court ) 07 August 2015

Sir,

If the husband is able to produce the evidence in the Court of law during the maintenance proceedings that his wife is having sufficient source of income to maintain herself without relying upon her husband's income, then the court will really look into that matter very seriously and pass necessary orders by taking the said factor into consideration.

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stanley (Freedom) 01 September 2015

@ author

the company representatives can be summoned and the bank statements of the company can called for etc and the same can be proved .

@ jeevagan .

This being a case of Pre-jury u/s 340 of crpc and can be read with u/s 191 to 195 of ipc why dont judges take action for pre - jury as i why not seen any such judgements for this when the why is being nailed but the same is not decided . Why is this so you being a ex- judge can you shed light on the same .