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harsh chauhan   24 December 2020

Maintenance/divorce papers

I belong to delhi and I want to divorce my wife. We live in delhi with my parents and my father is owner of that house. I also own a house in another city Gurgaon which I have declared in my income tax return but my wife doesn’t know about it. I have no problem in providing her maintenance / permanent alimony but I don’t want my wife to claim on my Gurgaon house. Do I need to show my income tax return at any point in the court during mutual consent divorce/contested divorce for deciding maintenance/alimony ? If it is required, is it OK to show just one page summary that shows how much income tax I filed in a particular year but doesn’t show properties I own? Will I have to show details income tax return that shows what properties I own ? is it necessary to declare all assets and properties that I own in court during divorce process.

I also had another house in Ajmer, rajsathan that I gifted to my relative [last month] that is also declared in my income tax return but I don’t own it anymore. My wife doesn’t know about that house too. Will court be able to see this gift transaction in my ITR and include it for deciding maintenance/alimony? Will my wife be able to claim on that house too which is gifted to my relative and I don’t own anymore if she comes to know about that house?

Please reply.

Thanks.



Learning

 2 Replies

Dr J C Vashista (Advocate)     25 December 2020

You will have to file an affidavit of income, expenditure, assets and liabilities as held by Supreme Court in the Case Rajnesh V Neha decided on 04th November 2020.

You may contact me on appointment, if feel so, at Chamber No 647, Dwarka Courts, Sector 10, Dwarka, New Dlhi-110075                email: majjagdish@yahoo.com

P. Venu (Advocate)     27 December 2020

Sorry, this platform is not meant for persons who are bent upon playing hide and seek with the facts and the truth.


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