Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

selfstudyinglawstudent (law student)     22 September 2010

husband's income tax returns

Girl has recently won an interim maintenence of 10000 rupees from family court.

Husband, a surgeon,  earns 12 lakhs and says he is jobless in court.


She wants to go for a divorce.How can she procure income tax returns filed by him.

 

Is it by RTI or through court.



Learning

 11 Replies

Renuka Gupta ( Gender Researcher )     22 September 2010

Mail,

I am posting below a very recent judgement of SC in a very similar case where husband claimed a meagre income compared to what he may have been actually earning. Go thorugh the link and see if it would help you

https://www.lawyersclubindia.com/forum/July-2010-Judgement-on-Interim-maintenance-24569.asp

Answers to your query would be very educative to those who are stuck in a similar situation.

1 Like

Tajobsindia (Senior Partner )     22 September 2010

Step 1: Wife must know the DOB of Husband and FIL name.


Step 2: Wife is suggested to log on to national IT website and keying the DOB / Name of Husband find the PAN No. and IT Ward he submits his ITR.


Step 3: File a TEP before that Ward PIO ACIT with recent CIC decision in similar cases already held.


Step 4: In 35 days follow up with a RTI with that particular ACIT on ATR if no reply forthcoming from ACIT Office.


Step 5. If Appeal before Appealate ACIT is rejected and or not heard for then go for Second Appeal in 90 days before CIC.


Anti - Thesis on above steps:


1. It is a roughly 90 days painstaking work if correctly followed in above exact steps.


2.
The maximum she will get is double and half of present award (if she is chasing the matter with right kind of Lawyer) and that also after a tough contest all the way before various superior Courts since "joblessness" of husband is right now brought into materials of the Court records and she also needs ot calculate the money drain on the go paying Lawyers fees while approaching superior court; as nothing comes for free unless Lawyers are working for wife's side for free as one lawyer here says representing wife cases does not bring commercial money as if wife cases are fought by lawyers for free kar key ! and or :-)


3. It all are doable.

2 Like

aflatoon dash (health)     22 September 2010

Sorry but husbands are not ATM MACHINE that the moment the maintenance /alimony plea comes he has to dole out money.Whats wife's educational qualification,job history ,present employment status all need to be disclosed.Courts are not tool of extraction for person witholding informaation and asking for dole.

selfstudyinglawstudent (law student)     22 September 2010

the husband is a famous neurosurgeon earning 12 lakhs a month/ not year.

and what would a wife do with 10 thousand.with galloping inflation, how will she manage? and that too after 5 to ten years.

please get the right picture.

aflatoon dash (health)     22 September 2010

Thanks but one would know only if posts are transparent Pl Bear with me persons educational qualification and job status is still not evident and thats how picture and the questions remains blurred for an appropiate answer.No intention to hurt anyone.

(Guest)

what is income and qualifications of wife is also important. medical and IT details are part of personal data.

please share some more facts of case.

Tajobsindia (Senior Partner )     22 September 2010

1. What is the STATE where the case is filed ?


2. The attached (quoted division bench) citation is specirfic to a particular STATE cases ONLY.

selfstudyinglawstudent (law student)     22 September 2010

the case is filed in maharashtra

Arup (UNEMPLOYED)     28 September 2010

FOR MONEY EVRYTHIGH CAN BE DONE.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register