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Saneep   05 July 2020

Evidence about spouse’s income.

Hi learned members,

My ex wife (who got divorce from me herself in Canada after 6 years of separation) has filed a case against me in Indian court under section 125 for maintenance. She lives in Canada, and i live in India. She is claiming rs 1lac/minth from me, though my earnings are almost rs 20,000/pm. She is making good money in Canada and her last years' income is cad $85000 (almost 45 lakhs indian rupees). Her motive of filing the case under section 125 is not to get money from me, but to harrass me. The case is in the court for the last 4 years, but her lawyer never shows up; though my lawyer has to attend the hearing everytime. I have online access to my ex's income tax (Canadian) account. There everything is displayed about her income/deductions/govt benefits etc. I have asked my lawyer about it many times. But, he says that this is not admissible under Evidence Act. If i say in layman terms, the judge will come to know the reality exactly in less than 20 minutes, and may resolve the case.

So, please advice what should be done?
 

Thanks.



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     05 July 2020

Hello,

If case filed by your ex-wife is not attended by her or her lawyer in that case you can apply for dismissal of her case. If case is contested you can file her income tax documents in court for opposing her case. You can take second opinion from other advocate and you can also change advocate if he is not properly conducting proceedings.
1 Like

Saneep   06 July 2020

Hi Shishir,

Thanks for your quick response.
The lawyer from my ex wife's side is not attending the court since the last 3 years. Plus my lawyer has told me that the documents obtained by me by accessing online income tax account of my ex is not admissible in the court under some Evidence Act.

What is the best course of action for me?
Thanks.


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