Burden of prove in maintanence cases

Burden of proof lies on the person who alleges it . But...........................if you dont sumbit your salary slip  and wife says you are earning 3 lacs and judge is biased than in india anything is possible than judge may pass maintanence of 1 lac and than you come crying in LCI stating so and so problem and ask can i appeal against it :-)

Is salary slip must?

When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Either it may be Wife – Petitioner  

For Eg. to prove that her husband is having Some Properties OR getting some extent of Salary per month.

Or it may be the Husband – Respondent

For Eg. to prove that his wife is a working lady getting some extent of Salry Per month OR have some properties on her name in her possession purchased by him

I disagree;
Reasoning:
ref. Chaturbhuj Vs. Sitabai (2008) 2 SCC 316

Held: Under the law (S. 125 CrPC), the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife.

if wife contend your income is Rs 3lac per month, and you file your ITR for Rs 5lac per year, then burden on wife to prove that you are making Rs 36 lac in year other wise judge will consider  you earning Rs 5 lac yearly only. merely stating in application that husband earning 50 lac a month.. with any substaintial prove.. it is nothing but just a waste of papers. judge taking this view.

There are lot of factors involved if wife gets your real income proof or current income proof than court will decide on existing evidence filed by wife rather than ITR copy. Court will rely on evidence you furnish .

Adv NIKHIL SETH

Mumbai

My wife unable to prove allegation mentioned in Initial complaint.

Whereas I showed  following evidences

1)      Flight ticket booked by me when she left my home (she was written her complaint that she was necked away)

2)      Telephone call list (almost 90 outgoing from my mobile & 1 incoming call from her)

3)      Birthday wishes & festival wishes.

4)      My medical reports my I felt ill (she accepted in court that she knew it)

5)      Train ticket for return journey(she accepted in court)

6)      My father visit to her home to take her back (she accepted in court)

7)      498a case against 10 of my family numbers (7 numbers are deleted during charge sheet)

Are these are sufficient evidences to that I am not neglected her.

She was a post graduate with very good academics & where as  I am a graduate

We don’t have any kids.

Experts please comment