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Income Proof

(Querist) 22 September 2009 This query is : Resolved 
Wife does not have any income proof of his husband so getting very meager maintenance u/s 24 of Rs.1000 only whereas her expenditure is around 5k and her husband is earning around 50k per month and have four wheelers and two houses in chandigarh. how she can findout the income proof.riven
adv. rajeev ( rajoo ) (Expert) 22 September 2009
Daar Kamal,
File an applicatin for enhancement of maintenance taking the contentions whatever you have said in your question. U can also take the defense of raising prices of essential commodities.
U can do another thing, file a suit for partition and seperate possession thru., the children, if she has.
U can also file a suit for maintenance and get attache the houses of the husband before judgement.
He may come for the compromise.riven
Adinath@Avinash Patil (Expert) 22 September 2009
Dear Kamal,
You file civil on behalf of wife suit for partition & possession of imoveable pripery and moveable property e.g.Bank deposit account of husband.You can file interium maintainance application for Rs.5000/-p.m.or more as status husband for speedy relief.you can adduce oral evidence by submitting affidavits of concerned person,also submit documentary evidence of house propery e.g.property extract cards from concerned revenue departments.you can also produce salary certificate of husband.You will get relief.riven
sanjay kumar patibandla (Expert) 22 September 2009
sir,
the salary of the husband is 50k per month means, he might paying the income tax returns. Try to call for the income tax records from the concern authorities, by filing the enhancement petition.

Civil remedy also better but, with out knowing the particulars of the properties it will be difficult.riven
Raj Kumar Makkad (Expert) 22 September 2009
Kamal ji! I have practical experience to deal with such cases. In one of my cases similar thing had happenned and court was reluctant to provide maintenance more than Rs. 1200 PM whereas the need of wife was more than Rs. 6000/- PM which included even the monthly fee of her children residing with her. When refused by Family Court, I filed an application under section 12 of The Protection of women from Domestic Violance Act, which even provides monetary releif efficaciously within a short period, an amount of Rs. 7,000/- PM was granted as interim maintenance within a period of 15 days and lastly it was enhanced to Rs. 15,000/- PM additionally compensation of Rs. 1 lakh. It is very easy to adopt this procedure instead of moving here and there. If any interim direction is violated, FIR can also be lodged by court under section 31 of this act.riven
Shivasurya (Expert) 22 September 2009
Mr. Kamal Ji, approach private detective to find out the real income of the husband with documentary evidenceriven
Kamal Grover (Querist) 22 September 2009
Thanks Mr.Raj i m very much impressed but over here in punjab, DVA applications take one month to send the notice and thereafter case start and get any interim order and in this case without any proof interim order is even not possible. Moreover he is not in job but earning from his international business and other two shops.
Plz advise any other criteria, coz detactive as suggested by Mr.Shiva is also a good idea but we had tried but he is living in a very small society and everybody know each other and even detactive fails to perform his duty.
riven
Raj Kumar Makkad (Expert) 22 September 2009
As per provisions of DV Act, notice is mandatory to be sent within 3 days of filing of the application through local police and it is common in the courts at haryana.

So far as your case is concerned, the respondent, if he is engaged in international business, as told by you, he must have been registered as a businessman under the provisions of Foreign Exchange Regulation Act (FERA) wherein all the details like bank account and summary/statement of bank accounts is mandatory to be deposited regularly. You may file an application there under RTI Act and seek all the information endorsed by Govt. agency and no court can overlook such authentic evidence of the income of the respondent.riven
Kamal Grover (Querist) 22 September 2009
But he is not working legally but sending the people outside only and he must not be registered in FERA. Within four years of start of his business he purchase all this.
Thanks for reply.riven
Raj Kumar Makkad (Expert) 23 September 2009
no person can do international business without such registration. First try then raise another quarry in this regard.riven


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