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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2012

Assets of husband

Dear Experts,

Do husband need to disclose the court about all his movable and immovable properties, bank accounts, shares etc. through affidavt ?

Can court direct to shares his assets as mentioned above with the wife ?

Do court look at the purpose of marriage or greedyness of wife ,if she has already taken divorce and alomoney and again forcing husband to divorce ?

Please suggest .

Tx and regards



Learning

 12 Replies

Adv. Vaishali Karloopia (lawyer)     04 February 2012

ya it is better option to disclose all your assests

**Vikram** (Managing Partner)     04 February 2012

In the application, she has to ask for maintenance..a particular amount..

You have to reply and show your inability to pay..

You will not disclose anything unless asked. Let them find out and give it to the court in writing...it is their responsibility not yours...You just keep quite and show your inability to pay...

 

Vikram

1 Like

**Vikram** (Managing Partner)     04 February 2012

it is their responsibility to show the court about all your assets..and salary..source of your income..etc etc...not yours...

They will mention in the application/complaint..about your capacity to pay...

 

Vikram

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2012

Vikram Ji tx but is it necessary to disclose the assets if court asks on their request or generally courts ask for affidavit for the same.

Tx

**Vikram** (Managing Partner)     04 February 2012

Court generally will not ask...when you reply to her application/complaint...you will show your inability...

 

You do not give anything in writing..just deny..in the arguement..ask your lawyer to verbally deny everyting...

 

If they are so sure..let them file an affidavit about your assets..

 

For Eg: She has asked for an interim maintenance of Rs, 15,000/- per month, you will intelligently show in your reply that you are  not able to pay...and your expenses etc have to be shown...i.e you have to maintain parents, etc etc..loans..etc etc.. and you are left with hardly any money...

 

It is their job to find out your assets and give it to the court..not yours..

 

Vikram

1 Like

**Vikram** (Managing Partner)     04 February 2012

Court generally will not ask...when you reply to her application/complaint...you will show your inability...

 

You do not give anything in writing..just deny..in the arguement..ask your lawyer to verbally deny everyting...

 

If they are so sure..let them file an affidavit about your assets..

 

For Eg: She has asked for an interim maintenance of Rs, 15,000/- per month, you will intelligently show in your reply that you are  not able to pay...and your expenses etc have to be shown...i.e you have to maintain parents, etc etc..loans..etc etc.. and you are left with hardly any money...

 

It is their job to find out your assets and give it to the court..not yours..

 

Vikram

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2012

Sir,

I they request court to direct Income Tax department or take husbands affidavit then how to tackle the situation.

 

Tx and regards

Self service (None)     04 February 2012

No - You don't need to do this mistake. Opposite party has to do. You only do this if this helps you example if other party demands for money that you can not pay so better disclose your income not assets that all is other party's job. You disclose other party's assets.

Hem Raj (advocate)     04 February 2012

dear

vikram is right to say.

don't disclose any economic position to reveal ur capacity to pay mantainance.

let them prove this.

hem raj saini adv

Chaitanya_Lawyer_Mumbai (Lawyer)     06 February 2012

Generally she will ask for maintenance amount & will quote your salary amount.

If you don't have that much salary you need to submit proofs of your actual salary....if you just deny & say i am not capable of giving maintenance,it may be go against you & whatever she has stated will be considered as true.  

**Vikram** (Managing Partner)     06 February 2012

You may have to disclose your salary on courts request....but not assets. You may but a villa worth 2 Crores...it may not be disclosed....

 

When you show your salary..you also in your petition show that.. you have other expenses...you show exactly what comes to your hand..after paying house rent, EMIs, Loans, parenents, conveyance,,,etc etc

 

If you have any property, you may transfer it you your brothers or any other close relatives name...

 

You may also ask your parents to file CrPC 125 against you...and ask for half of your salary...and you start paying then...just to keep in on record....

 

If they need to know about your assets or IT returns, they may file an application u.s 91 CrpC summonning the IT Commissioner to send the details of the your IT returns...

 

I again say ..do not disclose anything,...but your salary slip at the most..

 

Vikram

 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     07 February 2012

Thanks vikram ji

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