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MVenuSwara (Others)     11 June 2009

Maintenace - unproved self employment

Wife able bodied, educated and qualified to earn;

Earning through self exployment; like earning through stiching, tuitions etc.

Self employement - how to prove - source of income ?




 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 June 2009

It is very difficult to prove the self earning of the wife, because evidences will not be easily avaialble.  If she is working in any institutions u can call the records from that institutions, but  earnings from stitching, tutions cannot be proved.  Burden lies on u to prove all these with cogent evidences.  U have to lead the evidences fo the wittnesses which have got knowledge of the earnings of the wife.

MVenuSwara (Others)     12 June 2009

Thanx sir; what is "cogent evidences" pse.  a bit elaborate;

Dharmesh Manjeshwar (Advocate/Lawyer)     21 June 2009

Sir, Will not an Affidavit of self income suffice for the said matter in emergency ..... if it is not urgent then such women can file returns of her income and prove ... 

Rajesh Kumar (Advocate)     29 June 2009

To oppose a maintenance petition, actual earning is not required to be proved. What is required to be proved is "ability to maintain herself".

A person, able bodied, educated is normally ought to be presumed is able to maintain herself. Normally men do not raise such plea in marital proceeding in order to get a quick (unjust) settlement and justice, in order to look progressive (supporting women empowerment) does not look at he issue.

Bring evidence from the public records that many women in the position of women is able to maintain herself. Regardinh her acual employment, if you have personal knowledge, give your statement under affidavit and offer yourself for cross examination. Men need to fight such gender biased laws on order to stop robbery of their fruits of labour in the name of maintenance. Maintenance is not a bounty, to be given to evey women without adequate reason. It is not an extrotionary punishment on men for getting married.



MVenuSwara (Others)     01 July 2009

Thanx Rajeshji, M in total agreement with your views.  hv been contesting and givn proof of teaching tuitions etc even oral recorded admission of doing tuition; being qualitied post graduate trained teacher; but nothing accepted that there should be signed copies etc. like to prove that wife is earning thru teaching; No note of qualification and ability to earn was taken; HOW TO EMPHASIS ANY SPECIFIC QUOTE/RULING TO QUOTE OR CONVINCE !

Rajesh Kumar (Advocate)     01 July 2009

Actually when a women claim maintenence she has to prove that she is not "able" to maintain herself. It is not actual act of maintaining, it is ability to maintain.

You can put up question to her regarding her qualification, education, about other female in the same situation, about bai in your house who is maintaining herself, about other teachers in school, can she take tutions, can she work in a school if she desire, did she applied for a job anytime, what is the result of that application etc. etcc. With her answers alone, it can be established that she can maintain herself.

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