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BattleBegins (s)     17 December 2017

Income tax return

My wife filed DV and Crpc 125 on me.  Now next month in both case I have to file reply.  My main concern is the income..  My last 3 years IT returns shows very high income from business but the current year when i file IT return it will be very low compare to previous ones that as I show that my business closed at all due to these all false cases and mental pressure and now i cannot earn as much as i was doing before.

My questions are ::

1) Does the OP can get my income tax return details ?

2) Court can force me to present my last 3-4 years IT returns ?

3) If i display current income proofs like Salary slip at my own before the court does it help ?

4) Even i present salary slips and previous ITRs, which income is considered while deciding maintenance amount ?

I know that our biased law never leave husband from paying maintenance even wife is wrong.. I have no issue if amount is small.. let her survive whole life without another marriage I am ready to fight till supreme court.

She is not earning and not well qualified.

 

 

 

 

 



 7 Replies

G.L.N. Prasad (Retired employee.)     17 December 2017

Any defendant/respondent can seek such information through process of Court, and Court has to order ITO to produce them.  The  orders will be given to ITO, if you have not produced it yourself (A party should approach court with clean hands).

Vijay Raj Mahajan (Advocate)     17 December 2017

You know it yourself that you will have to pay her maintenance by all means, so best is to offer yourself a reasonable amount  based on your present income and her reasonable requirements rather making big issue of bringing your Income Tax records yourself or the other party summoning it through court. Not only this IT record, your bank account records can also be got summoned by the court and all your bank accounts get exposed in court, your deposites and expenditures made through bank accout will expose your ability to spend for luxuries that otherwise you may not like other party or court to know it.

 

2 Like

G.L.N. Prasad (Retired employee.)     17 December 2017

Most practicable advice indirectly warning of future consequences.

H.M.Patnaik (Proprietor)     18 December 2017

In any case maintenance money will be awarded in favour of your divorced wife. It is only the quantum which may be high or low basing on your means of earning and net wealth.These days ,it is very difficult to hide these info. as every such matter is KYC/adhar/PAN linked.

You have further quoted that your wife is not qualified and not working.So, why not go for a out of court settlement knowing fully well her condition.You should also think, a person who became part of your conjugal life for some time and parted ways due to some difference in the later part of life,should lead a life befitting your partner. If you show a positive attitude, then the other party will try to mend ways too.

So, why bothering so much on negative issues.

Born Fighter (xxx)     25 December 2017

Being a business men COURTS will always doubt your ITR submissions. If u file current ITR with low income, the court will see the date of filing of ITR ( which will be after filing of DV/CRPC) and OR ur wife will ask for ur previous ITR through the court.

Best is go for one time settlement and gid rid of the pain once n for all. What is the amount ur wife is asking for and does it suit ur pocket...?

Jaspal singh (practicing lawyer)     14 January 2018

Dear Concern, As per latest judgment passed by Hon'ble high court (kusum sharma) while deciding maintenance both the parties (husband and wife) have to file affidavit regarding their assests of income and expenditure  to be filed by both the parties in matrimonial case, where it is also mendatory for both the parties should be filled affidavit with regard to their liabilities too in the same affidavit like if you have taken the home loan, car loan, or buisness laon etc, court have to see or consider the status of the parties as the other spouse maintaining while granting the maintenance.

however your petitioner wife only get the maintenance from one court only either in dv or in 125 Cr.p.c , in these type of cases where maintenance is claimed by the either spouse (husband or wife) family court has vide scope and Ld metropolitian magistrate always wait that interim maintenace alwys be granted by family court (125 crpc).

Regards

Jaspal S Maini (ADV)

9999987283

BattleBegins (s)     17 January 2018

To all guys, Thanks for your valuable feedbacks.


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