Originally posted by : fighting back
in maintainence cases like 125 / HMA24 / DV wife has claimed certain amount and has also been granted a minimum amount in HMA 24, in all her petitions, she has not mentioned her qualifications like BCOM MCOM and MBA, though she is not working at present ( i cant find out if she is actually working) she has wilfully hidden her qualication in all her petitions
i want to know if such wilful hiding of facts (qualification) amounts to 'hiding of facts' from the court, and subsequently maintainence be challenged on this ground?
No it does not till she is expressly required to disclose under HC rules or other relevant act.
For e.g. RAJ HC rules require petition under sec24/ 25 to contain the following only
"801P. Applications for alimony and maintenance :-
(a) Every application
for maintenance Pendente lite Permanent alimony and maintenance, or for
custody, maintenance and education expenses of minor children, shall state the
average monthly incomes of the petitioner and the respondent, the sources of
these incomes, particulars of other movable and immovable property owned by
them, the number of dependents on the petitioner and the respondent and the
names and ages of such dependents.
(b) Such application shall be supported by an affidavit of the applicant."