Proof of income v/s. maintenance.
Querist :
Anonymous
(Querist) 20 January 2012
This query is : Resolved
Dear Sirs / Madam:
This query refers to above subject. As mentioned in my earlier query, we had some proofs which shows that Wife is Earning & we are looking forward to presenting the proofs before the courts.
1. We have placed the Proof of Income (PoI) of Wife before the MM (DV Act), which the Honourable Majistrate / Judge has accepted.
2. We also placed the PoI of Wife before the Honourable Judge of Family Court, but, here the Lawyer of the Wife objected to acceptance of PoI of Wife by saying that the Proof should not be accepted & also CANNOT be accepted as the PoI of Wife is placed before the Judge after 1 Year of Maintenance Petition being Filed by Wife. Whereas the Arguments for Maintenance have NOT been heard till date, Nor there are any orders pending in the case.
Also, the Lawyer of Wife says that Actually the Wife is Jobless, but, even if she is working it (Her Income) should NOT be considered in her Maintenance Claim as She needs to work to meet her expenses i.e., According to her lawyer, he states that the Income / Earning of the Wife should be considered as Forced Earning as She has to meet her needs. So, her Current Status of Income should not come in way of Granting Maintenance to her.
For the Records, Wife had already started Earning EVEN BEFORE filing for Maintenance and also EVEN BEFORE she filed DV Act, 498A, 406 against me & my whole family.
Also, the Wife is as on this date maintaining her Lifestyle as she was enjoying before marriage - This could be easily said and confirmed from the PoI (Proof of Income).
A. IS IT POSSIBLE THAT THE HONOURABLE JUDGE COULD NOT ACCEPT (REJECT) OUR PoI OF WIFE ON THE BASIS OF WIFE'S LAWYER'S OBJECTIONS (As Above) REGARDING PROOF OF INCOME?
B. IS IT POSSIBLE THAT ON THE BASIS OF THE PoI OF WIFE & CONSIDERING HER CAPACITY & CAPABILITY TO EARN BEFORE & AFTER MARRIAGE REJECT HER CLAIM FOR MAINTENANCE?
ANY COURT CITATIONS IN THE ABOVE REGARDS WOULD BE MORE SUPPORTIVE...
THANKS
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 January 2012
Yes you must press this and at the same time show your distress.
At the same time ask for tactical RCR , all taken together will be lethal weapons of defense.
Devajyoti Barman
(Expert) 20 January 2012
A.Income of wife alone is not deciding factor to avoid maintenance. You have top show that her income is sufficient to lead life of your stature and status.
B.Capacity to earn is not sufficient to evade maintenance. you have to show her actual income.
