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(Guest)

How to know information about income of a spouse for mainten

How to collect information about income of a spouse for maintenance case?



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 19 Replies

Mugundhan (Lawyer)     15 October 2010

If he /she is working in a govt or public sector, use the RTI Act to gather information. If he/she is working in private, file petition in the court to summon his pay disbursing authority.

1 Like

(Guest)

 

 

Many people are interested for getting this information.

If the men or women are working in public sector, use the RTI Act to gather information.RTI stands for Right to Information. Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said in the case of Raj Narain vs State of UP, that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19. In the same case, Supreme Court further said that India is a democracy. People are the masters. Therefore, the masters have a right to know how the governments, meant to serve them, are functioning. Further, every citizen pays taxes. Even a beggar on the street pays tax (in the form of sales tax, excise duty etc) when he buys a piece of soap from the market. The citizens therefore, have a right to know how their money was being spent. These three principles were laid down by the Supreme Court while saying that RTI is a part of our fundamental rights.

Suppose he or she working in private company, then for evidence you have to summons the manager or higher authority who gives salary to his or her and the manager has to give true information about her salary. If you have a income tax return ,it will be helpfill to you.

Now in recent times many men or women hire private detective agency and they investigate the matter like personal investigation, financial investigation, and marital investigation , employment investigation  etc. So, its good to hire a defective who gives the true information you have asked for.

 

2 Like

(Guest)

Pvt. detective agency is a good idea.

 

The situation of presesnt case is :The man says he is working on his own business(as per him :paisa fansa hua hai)  though to the wife's family, 3 yers ago his elder brother gave in writing that the man  was  a partner in his business.On checking the stutus of registration now  it is found that the elder brother is a proprieter of the said business.

Bhartiya No. 1 (Nationalist)     16 October 2010

Apart from the summonning from the court.  Since he is in bussiness then you should mention any larger amount as the Income of your husband then the onus will be upon the husband to disprove such income. Hence mention his Income as much as possible.


(Guest)

just refer ur hubby to us , we will teach him how to be a rehdiwala, chaiwala and stop begging in india.

5 Like

(Guest)

That rascal is not my husband.It is his sheer good  luck .Had it been me, I would have taught him a good lesson very soon when they first started harrsasing for dowry, instead of waiting for 6 years. 

 

I.O. of CAW cell  says-

1.the husband  would state before the court that he does not earn anything and has nothing in his name as property, so cant give anything as maintenance 

2.For the same reason he would say that he could not give anything in past also.(Can he do so irrespective of  his brother writing him as partner before relatives? )

3.Does not this undertaking by his bro prove that his bro was either lying because of wrong intention?Why would a sane person give such things in writing?

chanakyam (Consultant)     16 October 2010

Hi Neelam ji,

Why you are very harsh?  How can you judge things one sided?

Why did wife spent 6 years of matrimonial life and suddenly asking for maintenance.  Why didnt she questioned /complained about the dowry harassment at the very first time?  Definitely wife should have known the income source of husband as she lived 6 years with him. On what ground she is trying to claim maintenance?

1 Like

(Guest)

Hulo Chankyam

She kept believing him as he used to use all tacts a man can use .Every woman is not so aware and assertive .And insecurity causes a person to accept whatebver comes his/her way.

He never shared information about his accountsor work.And always said that he worked with his brother, which he did by staying at his place.

chanakyam (Consultant)     16 October 2010

Hello neelam,

Ok, I do agree with you..! in certain cases, but what wife has decided now? to go out of matrimonial bond?  So what kind of relief she is expecting now? divorce, maintenance or both? do they have any kids out of their wedlock?

As per your version, its evident that the husband does not have any official source of income, then there is no point to finding out his income.  If he working for a government firm, by the way of RTI, we can get information.

hat I feel


(Guest)

She wishes to get divorce.But before that maintenance and compensation if possible are to be got for the baby boy and her .

As far as income is concerned he said before I.O. that their business is running into loss .Then next time he said i run my own business and it is not giving money so my wife moved away.Dont know what  he is going to say before COURT:)

chanakyam (Consultant)     16 October 2010

So file for divorce on the grounds of curelty and file for maintenance under sec 24 HMA.  It is as simple as that.


(Guest)

-WHAT IS THE DIFFERENCE B/W s.24 AND 125?

-In light of the undertaking by his brother, whom canm court find guilty?Husband ,his brother or both?

chanakyam (Consultant)     16 October 2010

Section crpc 125 and sec 24 hma are both for getting maintenance.  But Sec 24 hma is used only when the other spouse seeking for divorce.  crpc 125 is of not that kind, wife can file this section if wife does not have sufficient means and she is deserted by her husband(who is earning) without sufficient reasons.


(Guest)

I am more interested in getting his brother proved guilty under DV act as he is is the one who has created all this scene since 6  years to get money for his business .


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