125 CRPC

raahat (Querist) 11 April 2011 This query is : Resolved
MY CASE IS IN DEFECE EVIDENCE STAGE, I RESPECTED EXPERTS,

I HAVE SUBMITED MY EVIDENCE BY WAY OF AFFIDAVIT BUT I HAVE NOT ATTACHED ANY INCOME PROOF AS I HAVE ALREADY PAYING Rs. 4000/- PER MONTH AS INTERIM MAINTAINANCE. 1. SHOULD I SUBMIT THE IMCOME PROOF AS I M EARNING 6000/- PER MONTH IN A PRIVATE FIRM WHICH TRANSDER MY SALARY IN BANK ACCOUNT. THE COMPANY DOES NOT PROVIDE US ANY SALARY SLIP OR MEMO.
2. CAN I SUBMIT MY BANK STATEMENT AS A INCOME PROOF ? WILL THE COURT ACCEPT IT. I HAVE ATM CARD STATEMENT WHICH SHOWS SALARY TRANSFER AMOUNT.
CAN I SUBMIT THIS AT THIS STAGE OR SUBMIT AT THE TIME ARGUMENT AS MY COUSEL SUGGESTING ME.

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Guest (Expert) 11 April 2011
SIR,
KINDLY NOTE THAT.
1.YOU ARE ALREADY PAYING INTERIM MAINTAINENCE OF RS.4000/- P.M. BUT YOUR SALARY IS JUST RS.6000/-P.M.
2.YOU MAY KINDLY NOTE AND SUBMIT YOUR AFFIDAVIT IN COURT MENTIONING ALL FACTS AND MENTION YOUR DEPENDENT FAMILY MEMBERS INCLUDING OLD PARENT ,YOUNGER BROTHER AND SISTERS AND MONTHLY EXPENSES OF RENT ELECTRICITY AND OTHER ESSENTIAL EXPS.THEN YOU MENTION YOUR ONLY SALARY INCOME OF RS.6000/- PER MONTH. COURT WILL CONSIDER ALL FACTS IN YOUR FAVOUR AND MAY REDUCE THE MONTHLY INTERIM MAINTAINENCE AMOUT AND DECIDE THE FINAL MAINTAINENCE AMOUNT WHICH MAY BE LESS THAN THE INTERIM MAINTAINENCE AMOUNT OF RS.4000/- PER MONTH.GOOD LUCK.

Jitendar Kumar gupta (Expert) 11 April 2011
Yes you must file the income proof otherwise court shall presume the income as stated by your wife.
J.K.Gupta Adv.
9868529732

M.Sheik Mohammed Ali (Expert) 11 April 2011
yes, i agree all experts.

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