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Chirag   05 February 2016

Sec 125 crpc and i.t return

yesterday i attnded court session and her lawyer had field the application for  interim maintanace which the court has granted of 12k ....i earn only 18k a mnth .....i m in a fixed now.....without even considering evidence judge approved maintanance......now judge has told her to get evidence on 31st march......Her lawyer is behind my I.T return which has lakhs of rupess which my parents had kept under my name....I hve told judge that i working in I.T company n my salary is 18k a mnth which i can prove....how should i fight not to open my I.T return and what should i do if they open my I.T return....shud i start transferiing everythin under my parents name ....what if judge ask in future where has all money gone....pl help .....If she cannot prove anythin in evidence can i stop maintanance for her....i m ready to pay my child.....



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 5 Replies

Born Fighter (xxx)     05 February 2016

Let your wife provide IT return doc of yours first to the court ...

Did you submit ur salary slip , assets , expenditure statements before deciding the maintenance?? 

do not give any statements to cover up at this stage, and think of how best you can show that deposits as temporary from ur parents, which will be used for their medical treatments/ any marriage expenses of someone who will get married, any property that parents would buy for themselves  etc. Show and project the deposit amount to future expenses.

 

At the most the court will consider the income you get from interest of these deposits and add it to your salary and then calculate the total/3 as maintenance amount

 

You gather evidence on her working / qualifications and prepare grounds for rejecting her maintenance. 

I would not advise you to trasfer the amounts right now as it will backfire later. 

Born Fighter (xxx)     05 February 2016

Let your wife provide IT return doc of yours first to the court ...

Did you submit ur salary slip , assets , expenditure statements before deciding the maintenance?? 

do not give any statements to cover up at this stage, and think of how best you can show that deposits as temporary from ur parents, which will be used for their medical treatments/ any marriage expenses of someone who will get married, any property that parents would buy for themselves  etc. Show and project the deposit amount to future expenses.

 

At the most the court will consider the income you get from interest of these deposits and add it to your salary and then calculate the total/3 as maintenance amount. Show expenditures/loans/medical expenses etc so that the net income reduces & thereby the maintenance amount.

 

You gather evidence on her working / qualifications and prepare grounds for rejecting her maintenance. 

I would not advise you to trasfer the amounts right now as it will backfire later. You shoudl always go to the court with clean hands , and if the hands are dirty then wear gloves.

Chirag   06 February 2016

Judge didnt even ask me my expenses....straight away maintanace granted and now the time has come for her to prove eveidence....my mistake is my parents had saved thier hard earned money on my name....which i dnt want others to take it...

Anand Bali Adv. (Advocate Solicitor & Consultant)     06 February 2016

In case you not have filed a detailed Affidavit on the Kusum Sharma case lines you are safe let the Girl should prove your IT return. In case you do not get it proved in the court you are safe and your current salary slip will be enough to site the actual income on which basis they will determine the maintenance. However you just ensure that if you have given an Affidavit that you only have this much salary income and later on the court finds there is some more sources of income to you you can be prosicuted as per the provisions of IPC for submitting an wrong Affidavit of your Income and assets. Be ensure yourself first and take advise of one local good Advocate.

Chirag   06 February 2016

sir i will provide all right salary slip of current company....do i need to disclose my fixed deposit my shares or mutual funds as well


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