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Wife is not dsiclosing her place of her occupation and her annual itr

(Querist) 12 March 2013 This query is : Resolved 
My Sister in law has filed the suit for maintenance at her place of her residence aginst my brother u/s 125 CrPC...In the petition she has admitted that she is doing some temporary job but has not disclosed the place of her occupation, salary, perks, employer name etc but yet she demanded hefty amount from my brother who is juts service class employee..
In reply my brother has disclosed his annual Tax return which nullifies her claim

But how can it be asked from wiofe about the amount of salary, place of cuppation as she is not ready to disclosed ??

Can we compel her disclosed her salary etc by moving application u/s 91 CrPC ?

Since we not even know the salary account and the name of bank where her monthly salary transfer to her account, whether on basis of assumptions section 91 can be filed?

What happen if she refused to disclosed her salary even under section 91 CrPC..??
prabhakar singh (Expert) 12 March 2013
Yes!As she has admitted that she is employed
an application can be moved to direct her to furnish details of her job and the salary she is drawing.
In case she does not obey,a suggestion should be put to her during her cross examination of a particular amount keeping in mind her qualification and capabilities of earning,which she would either deny or admit,no matter.
And during arguments court may be asked to draw a presumption that as she is drawing the salary suggested to her during her cross,she with held the relevant documents so the same may not get proved.
prabhakar singh (Expert) 12 March 2013
read illustration "(g) That evidence which could be and is not produced would, if produced be unfavorable to the person who withholds it;" of s.114 of The Indian Evidence Act,1872.
Raj Kumar Makkad (Expert) 12 March 2013
Nothing to add more in the given replies.
V R SHROFF (Expert) 12 March 2013
Agreed with Well advised by Shri Prabhakarji

ajay sethi (Expert) 12 March 2013
agree with prabhkara singhji
Sudhir Kumar, Advocate (Expert) 30 March 2013
if you have PAN No you can get the record of IT Deptt summoned in court.


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