Proof of income for maintenance claim
Querist :
Anonymous
(Querist) 15 January 2018
This query is : Resolved
Can the Judge request/demand to produce the income details of the husband in a divorce proceeding? Can this be done in case of Sec-24 interim maintenance claim?
If so, what would happen if no income proof is filed?
Ms.Usha Kapoor
(Expert) 15 January 2018
He is bound to produce income proof to the orders of fhe court. Otherwise he would be liable for contempt of court. Act and accordingly he will be prosecuted and punished for criminal contempt of court Act u/ss14 and 15 of contempt of court Act.
Guest
(Expert) 15 January 2018
Very vague & misleading advice on the part of Ms. Usha Kapoor! Not so serious as the picture has been painted by Ms. Usha Kapoor.
A very vital question arises, when the judge has not ordered for production of proof, from where is the issue of contempt of court arises and what for he will be prosecuted and punished?
Guest
(Expert) 15 January 2018
Interim maintenance does not need production of any proof of income. It is just on approximation basis and is merely to cope with the expenses during the trial period and is also subject to revision or final judgment. The judge can order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding as a measure to mitigate the financial hardship of the petitioner, if she/he has no income or insufficient to maintain herself/himself.
Vijay Raj Mahajan
(Expert) 15 January 2018
Delhi High Court in one of the landmark judgment made suggestion of filling affidavits by both parties with regard to their income and expenditure so that issue of the maintenance under section 24 of the Hindu Marriage Act,1955 can be decided. Please check Kusum Sharma v Mahinder Kumar Sharma, Delhi High Court case law, that will help you understand the concept clearly.
Adv. Yogen Kakade
(Expert) 15 January 2018
I agree with the expert Mahajan, it is a relevant case law. But considering the stage of your case, the production of the proof of income is not necessary unless strongly questioned or challenged.
P. Venu
(Expert) 15 January 2018
You have not posted the relevant facts.
Advocate Bhartesh goyal
(Expert) 15 January 2018
If husband fails to submit the proof of income inspite the order of court, in such a situation court can presume the income of husband correct as suggested by wife and draw adverse inference against husband and nothing can be done more.
Dr J C Vashista
(Expert) 16 January 2018
1. anonymous author, no reply.
2. You have already engaged an able, competent and intelligent lawyer, have faith in him/her without waiting for FREE ADVISE on this platform.
Guest
(Expert) 16 January 2018
As against the expectation of Dr. J C Vashista, in hypothetical queries lawyers are not engaged.
Ms.Usha Kapoor
(Expert) 22 June 2018
Agreee with vijay RajMahajan and my own vew.
Ms.Usha Kapoor
(Expert) 22 June 2018
Agreee with vijay RajMahajan and my own vew.
