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maintenance

(Querist) 07 March 2011 This query is : Resolved 
Hello sir,
I have read somewhere recently that INCOME TAX RETURN is colnclusive proof for maintenance cases u/s.125 of crpc. So I want that citation/Judgment of HC or SC.

RAJAN MEHTA
Ajay Bansal (Expert) 07 March 2011
You are correct.There is,even,no need of any citation of S.C. on this evidence.
Basavaraj (Expert) 07 March 2011
evidence is not required
rajanmehta (Querist) 07 March 2011
Thank you for reply,
but sir court is asking for support of authority of HC or SC.
Vikas Nagwan (Expert) 07 March 2011
i see no reason why ITR cannot be used as evidence... moreover Judicial magistrate has all the powers to decide the cases under section 125 crpc.. the maintenance proceedings.. what do you mean by "court is asking for support of authority of HC or SC?" is the court denying ITR as conclusive proof without precedents??
rajanmehta (Querist) 08 March 2011
Yes as the opponent has produced other evidence i.e. salary slip of private company but in his ITR he has shown other income. Therefore court requires support of precedent that ITR supercedes all other evidence.
Advocate Sachdev Bishnoi (Expert) 08 March 2011
this is clear that the maintenance is given only on the basis of the income of husband and in the same the opponents had produced the income tax return and it is sufficient to show your income so no authority is in this regard.
indrajit mukhopadhyay (Expert) 09 March 2011
go through the statute, no citation is required, IT return is a public document,this will automatically go into evidence.


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