It details asked
Amit
(Querist) 29 January 2013
This query is : Resolved
My wife filed interim and permanent maintenance u/s 24HMA and 125CrPC.
She filed an RTI to get my income details from IT dept which were rejected by the IT dept.
She now filed a petition in the family court to direct the IT dept to provide my tax returns?
Is this valid petition? Can she ask so? What should be our ground to reject it?
If it can be asked, can we ask similar details of her?
ajay sethi
(Expert) 29 January 2013
inorder to dtermine what is the income of the husband court can direct production of his iT returns . you cna also ask that your wife produce her ITax returns
R.K Nanda
(Expert) 29 January 2013
court can allow said petition to know exact income of husband.if she is working u can also file such petition.
Amit
(Querist) 29 January 2013
Thanks Ajay and Nanda.
You both mentioned "court can direct". In what circumstances does it disallow?
Especially for Sec.24 HMA, is husband's salary a matter?
I have nothing to hide as I'm salaried but my wife is self employed making it hard for me to get her income even from her IT returns.
How will the court judge her income?
R.K Nanda
(Expert) 29 January 2013
file ur affidavit in court stating about her salary.
R.K Nanda
(Expert) 29 January 2013
u r welcome.
ajay sethi
(Expert) 29 January 2013
you can make application calling for your wife it returns , in said application mention that your wife is earning a decent income and should be called upon to produce her itax returns
Amit
(Querist) 30 January 2013
Thanks but as I mentioned, her IT returns are not to be relied since she's self employed.
Can we ask for her bank details?
Nadeem Qureshi
(Expert) 30 January 2013
Dear Amit
the court have all powers but the burdan of prove lies on you to prove that your wife is able to maintain herself as per your information that she is self employed, you can also filed an application before the court and demand the bank detail, it is court discretion power, the court may pass an order or may be not.
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