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false 24 HMA

(Querist) 15 December 2009 This query is : Resolved 
I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-

1. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
2. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
3. That to grant Rs. 22,000/- as litigation Expenses.

Some briefs facts are:-
1. I don't file Income tax return as I don't have this much earnings

2. I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings

3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).

4.She is graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is graduate as I a documentry prove.

5. Now she is doing LLB final year for which she has paid Rs 60,000 fee.

6. Before marriage she was a working lady and earning around 7,000/- pm. (for this she has given in written in Income Tax Department also). I know all this but that is off-records.

7. At the time of Bail proceedings, I have given FDR for Rs.3,00,000/- as per the directions of high Court. In that order also the High court has advised her not to encash the FDR so that she can have regular income as maintainance.

Adv Archana Deshmukh (Expert) 15 December 2009
You file the evid. of her income from the FDs and her education, earnings etc.
Raj Kumar Makkad (Expert) 15 December 2009
You have a good case and merely allegations and accusations or false or tall claims in the petition shall not work rather all those are to be proved on the basis of strong documentary evidence which you possess.
MANISH (Expert) 23 February 2010
Dear friend,
It is now well settled, that in proceedings for deciding application u/s 24, both the parties does not give correct income, and the courts are also have to made a roving inquiry while deciding the application, so the courts have to decide on the wht the materials and situations prevalent, and whta the court deems fit.

In your case, having qualification is not sufficient, there must be something on record that she is earning something.

Second point is that you must show that you do not have so much of earning, and are earning the lowest amount being your salary. Your salary certificate has to be upto date, and must contain the date, the initial - prevailing, what other perks and allowances, etc.

If your wife is not earning something, and you are earning a little, then the court has to award something from that little.

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