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Jai sai baba (No mercy for B)     16 September 2014

Crpc 125. burdon of proof lies on whom ?

Gents, If wife asks for maintenance in CRpC 125. 1. Burden of proving my salary is on her ?? 2. WHat if court ask afgfidavit/slary slips from both party mentioning some judgment ? can it be still avoided, using some article 21 or 23 pleading we cant be forced to produce an affidavit ?? 3. Correct me if i am wrong. the plaintiff (wife) can ask to produce affidavit of salary of anything ONLY when she has been asked for the same from the defendant. She can not ask husband to produce affidavit unless we ask her to do the same ??? Please clarify. Its urgent


 12 Replies

Shantilal Pandya ( Advocate)     16 September 2014

Salary etc is within personal knowledge of opponent husband he can be asked to disclose them there can't be any grievance against it

Jai sai baba (No mercy for B)     16 September 2014

what if husband deny to disclose it ?

Shantilal Pandya ( Advocate)     16 September 2014

Advers inference can be drawn

Shantilal Pandya ( Advocate)     16 September 2014

Court can presume that the husband has sufficient means yo pay

Shantilal Pandya ( Advocate)     16 September 2014

Court can presume that the husband has sufficient means yo pay

Shantilal Pandya ( Advocate)     16 September 2014

Court can presume that the husband has sufficient means yo pay

Jai sai baba (No mercy for B)     16 September 2014

yes thats fine if court presumes..but court can not penalise husband...and on top of that its the wife's headache to prove my salary ?

T. Kalaiselvan, Advocate (Advocate)     24 September 2014

It is the petitioner/wife to prove the salary and other sources of income of her husband in the maintenance case. The court will not ask the respondent to produce the salary slip or make an affidavit to that effect until and unless she files an interlocutory application and the court is passing an order on that.  In criminal cases, she can file a petition u/s 91 to direct your employer to furnish the salary details, the court may pass an order to that effect.

1 Like

Jimmy (Manager)     24 September 2014

I think that evidence is led from both sides,  through documentary evidence, IT returns, witnesses (HR or payroll department personnel), etc. The Judge then concludes what the real income is.  The burden of proving lies on the person who wants to prove that his/her statement is backed by evidence.  Adv. Kalaiselvan's suggestion U/S 91 is an example of what can be done to get evidence.

Jai sai baba (No mercy for B)     25 September 2014

Thanks Gents.

But CrPC 125 is civil matter.

is Sec 91 applicable here ?

Is the jurisdiction of indian court apply to other countries employer as well?

I mean is Sec 91 applicable to other countries as well or indian employer only ?

Adv. Chandrasekhar (Advocate)     25 September 2014

The perspective in this regard has dramatically changed.  Generally it is the burden of the wife to prove her indigent conditions as well as husband's earnings.  But the information regarding husband's earnings and details of bank accounts are exclusively within the knowledge of the husband, it is difficult to the wife to prove the same.  In normal course, the wife has to move an application seeking the direction from the court to direct the husband to file detailed affidavit along with his income details.  The courts quite often observed the concealment of such information from the parties (some times from both wife and husband) or following the procedure of waiting for the wife to move the above said application and giving direction is quite time consuming defeating the very object of Section 125, has been following the procedure laid down by the Hon'ble High Court of Delhi in "Parmeet Kaur Vs. Inder Kumar Sahney".  The hon'ble court in this case directed the trial courts that after completion of pleadings, direct both the parties to file detailed affidavit in the prescribed format.  The format has been prescribed by the hon'ble High Court, wherein not just the details of the income, bank accounts etc. have to be revealed with the support documents but also the social status of the parties, the life styles are also to be explained, which gives the courts a comprehensive picture about the economic, and social conditions of the parties, and the courts decide the quantum of maintenance.  Go to the judgment referred to above and you get a clear idea, why the courts insist the parties to file affidavits in accordance with the said court judgement.  Even though the courts outside Delhi are not bound to follow this judgment,  but due to sound reasoning emanated out of this judgment, they are also following suit.

Shantilal Pandya ( Advocate)     11 October 2014

There is one Gujarat decision for what I have opined on the point. Moreover section 106 of evidence Acf Is applied for the view that a fact within personal knowledge of a particular party should prove it

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