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anu agarwal (housewife)     06 June 2014

Related to income proof

Husband is playing bad tricks for not paying maintainance according to his salary he earns 1lac per month but accrding to his ITR he only showing 30k as his income , he works in pvt firm so no salary slip is there, he is right hand of his boss so his boss is also helping him by saying that he only pay 30k as monthly so i want yo know is there any legal way from which I can ask his boss to give right information via RTI . Husband is also having property ( new flat) all payment is done by my husband but he done rigestry in his brother name having family business also which was setup by all from my husband but same thing all is in name of brother in law in short husband is actual earning bread and butter for our family brother in law is only taking care of family business .

Pls help

 

Pls 



Learning

 17 Replies

Adv. Chandrasekhar (Advocate)     07 June 2014

Yes. You have got remedy for this.  If it is private company RTI is not applicable.  But, you can file application in the court directing the concerned official to bring salary record to the court.  Next, you can move application that to direct the husband to file his bank accounts, pass book and give information about his income on sworn affidavit.  If you have strong belief that his property is in the name of brother, but he is deriving the benefits, that can come in the bank statements.  Or you can ask to give him specific reply about this fact in his affidavit.

abhi.nahi.to.kabhi.nahi (IT Head)     07 June 2014

RTI is applicable for only govt. employee. I am not sure, but as far as my memory supports me, i know there was a case where HC/SC clearly mentioned that Income tax returns cannot be fully considered for deciding alimony. I will try searching for that and post it here, but i might be wrong in interpreting.

I am no expert and started going through family law's and related cases recently.

anu agarwal (housewife)     07 June 2014

Thank you chandrasekher sir but sir he takes 3lac in his file and rest 7lac yearly in his brother file I will try whtevr u said .... @Abhi Nai to kabhi Nai thank you and if possible pls search it.

anu agarwal (housewife)     07 June 2014

Thank you chandrasekher sir but sir he takes 3lac in his file and rest 7lac yearly in his brother file I will try whtevr u said .... @Abhi Nai to kabhi Nai thank you and if possible pls search it.

Gautam Kapoor (IT professional Studying Law)     07 June 2014

what tricks did you play on him for him not paying maintenance

anu agarwal (housewife)     07 June 2014

Gautam sir I don't get what you mean by this line .....

Gautam Kapoor (IT professional Studying Law)     07 June 2014

why is he not willing to pay you maintenance ?

anu agarwal (housewife)     07 June 2014

That how will I know he said I m not his responsibility , can anyone tell why boy and his family ask for dowry all the time are the begged and keeping begging in front of daughter in law and if she denies Strt torturing her.
1 Like

Samir N (General Queries) (Business)     08 June 2014

Anu,  I disagree with all the suggestions given. Think logically.  Your husband has filed certain Income Tax Returns with government authorities. That implicitly means that he has filed a sworn affidavit about his income, which in turn implies what he can purchase with that income. Do you think that he will now file a contradictory sworn affidavit which you or anyone can use to put him in jail for tax evasion, perjury, etc.? If he lied about his true income, he will certain continue to lie to maintain his position.  Why would his boss come to Court and testify your husband's true income? If his boss did that, his boss himself would be criminally liable for conspiracy in tax fraud. 


While I sympathize with your situation, there are also situations where women earn a lot, sometimes in cash from their employers and claim to be unemployed or underpaid to get higher maintenance. It is a game played by both parties which is possible in India because of  widespread black economy.


I do not want to comment on the merit of your demand for maintenance as it will depend on all the facts of your case.  However, regarding your statement on dowry, just as women are tortured for dowry, men are also tortured with false dowry cases. There are legal avenues for women to go to, when they are tortured for dowries. There are no such laws to support men, when false dowry cases are brought against them.


 

Adv. Chandrasekhar (Advocate)     08 June 2014

@Anu Agarwal, It is your allegation that your husband has been concealing his real income from the court's eyes and you want to bring up the real income he is emassing to get a fair share in your favour as per law.  The courts came to such conclusion long....long back and in several judgments, the court expressed its abhorence of such attitude of the parties often telling lies to circumvent the law.  So, such falsehood display is happened neither first time nor last time.  But, Indian courts are very well empowered to tackle such situations, first with featherly persuation and next if reprobates don't try to reform as rectitudes, use iron rod to bring them back to senses.  In that process, even the Civil Judge (the lowest rung in civil side) or Magistrate (the lowest rung in criminal side) are empowered to summon the witnesses or to summon the records of either public or private organisations while dispensing justice.  If your husband lies before the court, the court is not such helpless.  It can summon his employer along with wage records.  If the employer in order to protect his employee, your husband, fabricates the salary registers, he will be putting himself in inferno and believe me, his employer will not be taking such risk and face the severe criminal charge of "falsification of documents" to save his employee.  So, do not worry and just give a simple application seeking the salary records to be summoned through the concerned employee of the department and they will come out with proper record, ignoring the consequences those may fall if any contradiction is there between Income Tax Recrods and the salary records.  For the employee, no employer is going to put his neck on line.  O.K.  Now, comes to second application.  You have to put in a simple application before the concerned court to direct the husband to file the affidavit with relevant documents to prove his income in accordance with the judgment in "PUNEET KAUR VS. INDER KUMAR SAWHENY".  Even though this judgement has been passed by Delhi High Court, most of the States have been following the same procedure laid down in this judgement.  For your information, I am enclosing this judgment, which gives more clarification.


Attached File : 509304789 puneet kaur vs inderjit singh sawhney on 12 september, 2011.pdf downloaded: 102 times
1 Like

Gautam Kapoor (IT professional Studying Law)     09 June 2014

Anu Agarwal - Im not your foe. please talk to your husband to come to a amicable solution. Let your husband not turn rancid.

Gautam Kapoor (IT professional Studying Law)     09 June 2014

my point is what ever money you put in your lawyer... you need to make sure that atleast you get a quarter of them via your husband.

anu agarwal (housewife)     09 June 2014

Thank you everyone for helping me with our suggestions @Gautam sir I don't understand such legal terms I m very simple and emotional person just want few happiness from husband and in his family but my bad luck I m not getting that.. hope so everything will be change soon.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

As I have said Anu - im not your foe,before you hit the court, which is the worst thing for any  family, the importance of sitting down with elders in the family and coming to a amicable settlement is of utmost importance.Many things are said in this forum along with citations which may not be applicable to your case.

And as a friend I advise you .. PLEASE KINDLY CHECK THE CREDENTIALS OF THE LAWYER ... it could well be the case.... NAAM BADHE AUR DARSHAN KHOTE.....


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