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VICTIM (A)     16 December 2014

How to keep husband money safe!!

Hello,

I searched over internet and a bit confused. I hope the guys over here can clarify me.

 

1. In which of the cases do a husband need to declare his savings and assets (property etc..) on an affidavit in Court? Is it during maintenance / DV / Divorce / 498a case?

 

2.      2. Is wife eligible for any share in property of husband or father-in-law or mother-in-law?

 

3.      3. If a husband buys a property with his savings on his mother’s name after marriage then does the wife has any claim on this property? Or does the husband need to inform court that he had bought a property with his money but on mother’s name?

 

 Hope I get some good responses.

 Its really hard to understand indian marriage laws which are totally women biased leaving everthing in favor of “SHE”. A guy and his family in a single day becomes a criminal, victim and have to hide themselves without any fault.

 I wish I would have not married!!



Learning

 11 Replies


(Guest)
Originally posted by : VICTIM


Hello,

I searched over internet and a bit confused. I hope the guys over here can clarify me.

 

1. In which of the cases do a husband need to declare his savings and assets (property etc..) on an affidavit in Court? Is it during maintenance / DV / Divorce / 498a case?

 For the court to arrive at a figure for awarding maintenance u/s 125 crpc, IA.

2.      2. Is wife eligible for any share in property of husband or father-in-law or mother-in-law?

No. 



3.      3. If a husband buys a property with his savings on his mother’s name after marriage then does the wife has any claim on this property? Or does the husband need to inform court that he had bought a property with his money but on mother’s name?

No. No obligation as such.

 

 Hope I get some good responses.

 Its really hard to understand indian marriage laws which are totally women biased leaving everthing in favor of “SHE”. A guy and his family in a single day becomes a criminal, victim and have to hide themselves without any fault.

 I wish I would have not married!!

You should be ready to face the consequences either ways, get married, tolerate the headache called as wife, or be ready to tolerate biased laws, and also be ready to roam to court for years together and also pay alimony to wife till she remarries.  It all depends on your fate, to get a good wife or not.  On the larger context, its really a sin getting married in this country.

harrassed (SE)     16 December 2014

As a related query, could you please share the ways in which savings (obligations) can be shown to the Judge?

For e.g) Can the husband show EMI as the spendings? How about PPF? VPF? Any other means?

Could you please clarify these things?

Amit (NA)     16 December 2014

I have question on the EPF.

Is EPF counted in by the court in order to calculate maintenance/alimony etc.

Is it good to withdraw the money and put it somewhere else?

gautam (not disclosed)     16 December 2014

EMI will be counted as liabilities, but if u take loan to just increase your liability, then the underlying (home, if home loan) would become asset.

epf is mandatory deduction, wont be counted in take home salary.

ppf/vpf are voluntary contribution, would be counted as part of take home salary.

1 Like

VICTIM (A)     17 December 2014

Hello,

Thanks for good response.

1. Is affidavit is required at the start of maintenance case? My understanding was that it is only needed in divorce case to decide permanent alimony by court.

2. How much does the court gives to submit affidavit after its Is asked for?

 

In case of affidavit under maintenance case what does one need to declare:

3. Earning/salary from job after marriage or total earning since start of job (before marriage also)

4. Savings after marriage or total savings in life time?

5. What are the crtical details of an affidavit? Can anybody share a particular samply affidavit?

6. If a husband transfers his savings to his father and mother after marriage but before before affidavit then do he still need to show it in affidavit?

harrassed (SE)     17 December 2014

Gautam,

Thanks for answering. You mentioned about take home salary. Actually the question was what are all the ways husband can show his liabilities. Could you please clarify?

Thanks in advance. 

VICTIM (A)     19 December 2014

Can somebody clarify me on below:

 

Hello,

Thanks for good response.

1. Is affidavit is required at the start of maintenance case? My understanding was that it is only needed in divorce case to decide permanent alimony by court.

2. How much does the court gives to submit affidavit after its Is asked for?

 

In case of affidavit under maintenance case what does one need to declare:

3. Earning/salary from job after marriage or total earning since start of job (before marriage also)

4. Savings after marriage or total savings in life time?

5. What are the crtical details of an affidavit? Can anybody share a particular samply affidavit?

6. If a husband transfers his savings to his father and mother after marriage but before before affidavit then do he still need to show it in affidavit?

T. Kalaiselvan, Advocate (Advocate)     23 December 2014

@Victim:

1. In which of the cases do a husband need to declare his savings and assets (property etc..) on an affidavit in Court? Is it during maintenance / DV / Divorce / 498a case?

The husband need not make an affidavit on any of the issues referred to in the above question.  Who told you to make an affidavit?, is it your guess or a hearsay instruction? The law or the provisions of the referred acts do not ask you to swear an affidavit to declare your income or assets, it is your misunderstanding.

 

2.      2. Is wife eligible for any share in property of husband or father-in-law or mother-in-law? She is not eligible to claim a share in the husband's property during his life time hence she cannot stake claim in her in-laws property too.  Dont worry about which is not available in the present situation.

 

 

3.      3. If a husband buys a property with his savings on his mother’s name after marriage then does the wife has any claim on this property? Or does the husband need to inform court that he had bought a property with his money but on mother’s name?

Not necessary.  A person is not required to inform each every activity of his to the court just because there is a case pending in the court.

 

To your further queries:

1. Is affidavit is required at the start of maintenance case? My understanding was that it is only needed in divorce case to decide permanent alimony by court.?

  The affidavit is not required in the maintenance case or in the divorce case too.  Let she prove it to claim.

2. How much does the court gives to submit affidavit after its Is asked for?

  In case of affidavit under maintenance case what does one need to declare:

 

3. Earning/salary from job after marriage or total earning since start of job (before marriage also)

4. Savings after marriage or total savings in life time?

5. What are the crtical details of an affidavit? Can anybody share a particular samply affidavit?

6. If a husband transfers his savings to his father and mother after marriage but before before affidavit then do he still need to show it in affidavit?

Answers to all subsequent questions  is the same as to the first question.

Dont keep worrying about unnecessary issues which are not required by law.  Have you engaged a lawyer, then what is his/her opinion?

 

 

 

T. Kalaiselvan, Advocate (Advocate)     23 December 2014

@Harassed: post your queries in a separate thread, do not use others thread because you will be confused if the answers do not pertain to your query.

To your query: In the name of acting smart to reveal a lesser income (take home), if you start going for voluntary deductions, it may not attract the merits to your pleadings, instead it will send wrong signal to the court that you, in the intention to avoid paying her maintenance, are indulging in such tricky activities.  Hence do not venture in extra deductions.Standard deductions viz., PF, housing loan EMIs, income tax, professional taxes will be considered as deductions after which the take home salary along with unnecessary deductions towards personal loan, voluntary PF contributions, LIC premiums on new policies, vehicle loans and few other eye soaring expenses will not be given weight towards deductions but may be considered as income for considering maintenance award.

VICTIM (A)     24 December 2014

Thanks T. Kalaiselvan for your response.

Regarding affidavit, as you can refer above and see the response of other lawyer and as I read on the net that court ask for affidavit for earning to decide on the maintenance for the wife.

Refer below High Court order also:

https://indiankanoon.org/doc/153453675/

Even my lawyers suggested this that affidavit is required to be submitted before hearing is started in maintenance case and same will be requested by court.

I'm a bit confused now what is right and wrong.

Can you or somebody clarify this?

Thanks

Ashwin   03 April 2018

Please give clarification if Affidavit of assets/income is mandatory to be filed in maintenance case. Thanks.


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