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(Guest)

Wife working proof

Hi,

In one of the case wife filed maintenance case and for that, husband got income tax certificate of her as proof that she is working and submitted to judge. will it be considered and then the maintanence case will be dismissed? if not please guide on what grounds should husband fight and or what would be the better step.

Also can anyone please provide any citations or judgement copies from honorable high court or supremen court on "filing case for adultery" is not mandatory.

It helps alot in fighting the case strong.

Thank you.



Learning

 9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 February 2016

Sir,

 

That will be considered by the court.

 

Warm Regards

Kapil Chandna Advocate

9899011450

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 February 2016

There are lot of citations on indiankanoon.org that states that working women can't seek for maintenance. Please download and show it to that judge.

 

Please file Perjury since she lied on her maintenance case as she is not working. She already perjured.

 

Please the following link for sample petitions and FAQs.

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp


(Guest)

Thank you, Kapil Sir.

And

Thank you Rocky for the needful. 

As wife filed counter stating that husband should file adultery case. But, he filed on mental cruelty for divorce. And i came to know that there is a citation or judgement stating filing case on adultery is not necessary or required. Could you please share any citations on "filing case on adultery is not mandatory" which will be an added advantage to the case.

Thank you.

Born Fighter (xxx)     11 February 2016

IT papers will certainly be considered by the court, however her demand for maintenance will only get rejected if she is earning sufficiently to maintain herself and based on difference of income of both the parties. what is her income from IT records and whats your income ?
1 Like

(Guest)

Thank you Born Fighter. 

Wife's income is above 30K pm excluding her incentives and husband's is < 25K pm. Court didn't asked for husband's salary yet. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 February 2016

You should focus on Perjury carefully. If you win perjury then you are king. No maintenance will be granded to her.

1 Like

(Guest)
Rocky Thank you. on IM for which the IT certificate provided at the court is still pending. Even though can husband file perjury? if so, can u please guide on how to proceed.

FREDYCHARLES RK - Bangalore (Advocate)     14 February 2016

Hi Sufferer!!!! the post by Rocky on Perjury(FAQ)  link is very explicit and clear. Please follow that 

1 Like

(Guest)

Thank you, FredyCharles Sir.

I have gone thruogh the FAQ's and understood that any point of time can file perjury with having proper information.

The process for matainence case is yet to go live and as husband provided IT (TDS as working proof of his wife) for the current year. So, if my understanding is right about the perjury, can husband go filing the perjury even though the trial has not yet started? Please let me know.

Thank you.

 


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