125 crpc - maintanance case - income affidavit

Ritesh (Querist) 17 January 2022 This query is : Resolved
Hello and Namaste to all the Lawyers, My query is simple, and its about maintenance case u/s 125 crpc; I have filed a maintenance case against my husband, I don’t have any source for survival, and he has ample income /funds through business and renting various properties and has 6-7 properties in his name. We have all the certified documents showing his income, like his income tax returns and lease documents and various documents showing his net worth. My query is that we filed the case in 2015 till now-interim maintenance has not been granted. During which the income affidavit guidelines have been changed three times, we have submitted all the three updated as per the higher courts suggested, but my husband submitted the 1st affidavit and the 3rd affidavit (as per supreme court guidelines). In the first affidavit, he has admitted some facts and his income as 50,000 per month but in 3rd affidavit, he is admitting his income as 5000 per month. All affidavits were submitted in the same court. After my 1st affidavit, he has hidden some assets for which I have filed an application in u/s 340 and disclosed the hidden properties. we have all documentary proof showing that his income is more than 2 lacs per month. Can the judge still be considering what my husband says in his 3rd affidavit or what he said in his 1st affidavit? Or as per the documents in front of the judge. My husband is still denying all the things what's the solution for that. Thanks

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This discussion concerns a maintenance case filed under Section 125 of the CRPC where the applicant claims her husband has significantly more income and assets than he admits. Despite multiple updated income affidavits from the applicant reflecting court guidelines, the husband has submitted conflicting statements regarding his income. The applicant possesses documentary evidence, including IT returns and property documents, showing a much higher income than admitted in his latest affidavit. The core question is whether the court will prioritise documentary evidence over the husband's inconsistent affidavits, especially when he denies facts and has allegedly hidden assets.

kavksatyanarayana (Expert) 17 January 2022
Evidence is important in a case. So if you submit the proof for his income, it may be considered. It is the responsibility of the husband to look after her wife, so you may be decreed for maintenance but depends on the merits and demerits of the case.

Ritesh (Querist) 17 January 2022
Thank you , you mean to say the documents i have against them. what stage is right for filing of the documents can the documents filled 340 application be considered as evidence for main suit . And which affidavit is considered 1st or 3rd income affidavit or both .

kavksatyanarayana (Expert) 30 January 2022
1st Affidavit................................................ ok.

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