S M (consultant) 28 February 2014

Evidence - proof of income

Hi friends, Under 125, judge just ordered to pay 20K to my wife and daughter. that also from 2008 beginning.

My wife claimed that I was earning 72k p.m in 2007, but could not gave any proof. In my deposition to court I told that I am earning from consulting and gave the agreements with my two clients which show that I earn 15k p.m collectively. Their advocate objected and said that issuing authority of those contract should exibit these documents. Judge said that mere exibiting the documents does not mean that it is proof of income and he said that is accepting the documents on record. But at last we have seen this judgement. one of the point he mentioned that there was no proof of income. Questions coming in our mind are :

1. Even if is not considered as proof, the court should have told this and given us opportunity of being heard further or court might have done further investigation on that

2. Wife could not proov my income, then under what basis he gave this order (order copy is still awaited)

3. What is evidence for proof of income in this case

4. Shall we go for revision and stay order in HC

Kindly advice

Reply Follow

5 Replies

nikhil singh (Advocate) 28 February 2014

Yes go for the revision and let the affidavit of income of your wife to be filed. Nikhil Singh Associate, Law Consults 'LawCon House', D-61, East of Kailash New Delhi - 110065 https://www.law-consults.com https://www.lawinc.in +917838078186, +919352444446

dv (ghvhb) 01 March 2014

Which state you are from

S M (consultant) 01 March 2014

I am from west Bengal. Dear nihilji, thanks. Can you please elaborate on " let the affidavit of income of your wife to be filed".

dv (ghvhb) 03 March 2014

Affidavit of income is saying it on oath by filing affividavit ....which you have to deny. Then it is up to her to prove alternatively the judge or your wifes lawyer maybuse croc 91 and ask you to produce yoir income

S M (consultant) 12 March 2014

Dear All,

Received the order. The order has been passed without considering my exhibited document of income, but based on my wife's claim (which is also unsupported by any document)... As the Order says" The O.P has not has not filed any documents in support of his income".

Now I stay in different city. Hence could not speak to lawyer. As the order is applicable from the date of my wife's application, there is huge liability of around rs 12 lakhs (for period between 2008 and now)...

1. It seems we have to go for stay in HC. What is our maximum time limit for application of stay. Is it 1 month or 3 months from the date of certified copy of the order. Secondly can HC give a conditional stay, like pay (say 50%) of the arrears immediately. That case what we should do if we can not arrange that kind of money. Is there any option to file review/revision/appeal of the same stay order...

2. Now for the entire order, shall we go for REVISION or APPEAL. I became confused after going through there terms. Again what is the time limit for revision petition or appeal and which one is beneficial.

3. In the meantime, can wife ask for enforcement of the order. Or is their any minimum time limit for them to wait for enforcement. so that we get the time to move stay and either Revision or Appeal

Kindly help...