Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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fighting back (exec)     24 December 2013

Does hiding of qualification amount to wilful hiding of fact

hi,

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?

Thanks



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2013

yes it is, raise the point in your WS and file an application before court for filing detail affidavit with her qualification, status, earning, saving and expenses. recently delhi high court held in a judgement regarding this affidavit.
1 Like

ashoksrivastava (scientist)     25 December 2013

Originally posted by : fighting back

hi,

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?

Thanks

   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."

regards ASHOK

 

  

1 Like

fighting back (exec)     26 December 2013

nadeem  qureshi, thank you very much sir, for your kind reply, request you to kindly share the delhi high court judgement regarding this, which you have mentioned. 

fighting back (exec)     26 December 2013

@ashok shrivastava....thank you sir, with reference to your reply, want to know, if you have any idea, regarding the rules of the MP high court under sec 24/25

like the example you have given in your post.....thanks

ashoksrivastava (scientist)     26 December 2013

 

Originally posted by : fighting back


@ashok shrivastava....thank you sir, with reference to your reply, want to know, if you have any idea, regarding the rules of the MP high court under sec 24/25

like the example you have given in your post.....thanks

Here is relevant MP HC rule

"4. Application for alimony and maintenance.—Every application for alimony and maintenance shall be supported by an affidavit made by the applicant and 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 dependants on the petitioner and the respondent, and the names and ages of such dependants."

 regards ASHOK


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