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(Guest)

Maintenance and hiding facts from the court

Hi,

My sister is earning 50 k per month and my brotherin law has shown his income as 80k per month and the mainteannce granted is 25k for the minor daughter.He has shown an A4 sheet with stamp as the income certificate heis filing ITR in India as well for about 15-19 lac p.a but did not show this in court and has certain LIC( 50k p.a) and mutual funds( 3 lac p.a) too which is showing in his bank statemnet which he did not reveal in the court.The court had asked to bring the 3 year ITR and bank statemnet now. Would the maintenece be increased or does this entitles for a case of fraud against him.Please advice

 



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 10 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     11 June 2015

In case a wrong Affidavit is submittedby your brother in law, of about his income in the court, he is entitled to be punished under IPC for filing a wrong and misleading Affidavit which is a crime along with that he intended to believe that it is a good and true document.

As per the new guidelines of the Supreme Court and Delhi High Court after Kusum Sharma Vs Mahinder Kumar Sharma case, it has been decided to get a detailed Affidavit of Income from both the parties;  in all cases related to the Divorce, maintenance and guardianship, and it has become mandatory to file a detailed Affidavit as mention  in it's Annexure A .

Under above high light there are very bright chances of getting increased your sister's and her child's maintenance, if it is represented through a good Advocate of the field. 

N R Dash.. (Advocate)     11 June 2015

Man, maintenance is not for leading a luxurious life. I think 25K is more than enough for a child. No doubt he has suppressed facts from the court, but the maintenance awardecd to the child is sufficient. If you have decided to extrot money from him and keep him always on to the litigations, you can.

 

I just dont understand you kind of perople are actually abusing the process of law. As an advocate, I always advise litigants to go for amicable settlement. This mentality is really pathetic and polluting the social, moral and ethical values.

1 Like

stanley (Freedom)     11 June 2015

@ Author 

Maintanence is co- extensive when both spouses are working . 

So the amount awarded by the court is appropriate . 

your thoughts are all about greed . your mentality is pathetic . What does your sister want a palace or a rolls Royce ??? :-)

 

 

 

1 Like

(Guest)

Annexure A is already submitted by both the parties and it was declared by him that he is not earning enough Its court's judgement that wife is entitled for the same status as of husband's

@ stanley/NR : Its absolutely waste of time to comment on your statement. So thanks but i do not wish to hear from you.

N R Dash.. (Advocate)     11 June 2015

Dont you tell us what law is and courts are entitled to ofeer. Your sick mentality is reflected time and again. This is a forum where intellectual people are doing charity.

 

Dont you dare challenge the legal fraternity. You are nothing and no one to direct us whether & what to post. It is you who came here begging with some serious ulterier motive.

 

Most of the times it is family members like you ploy plots and spoil the marital & societal relations. You are one of them.

1 Like

crimeagainstmen   12 June 2015

Who knows if the asker is the wife herself in question pretending to be somebody else? If the wife is earning 50,000/- then why the court is allowing her to get any maintenance in the first place? Where the hell her husband is? He should be fighting like anything against the cruelty and order of the judge. 

 

What do you lerned people think? 

stanley (Freedom)     12 June 2015

Originally posted by : amit
Annexure A is already submitted by both the parties and it was declared by him that he is not earning enough Its court's judgement that wife is entitled for the same status as of husband's

@ stanley/NR : Its absolutely waste of time to comment on your statement. So thanks but i do not wish to hear from you.

@ Amit . 

Its my right to freedom of speech as granted by the constitution of India . 

your very own words " Its the court judgement that wife is entitled for the same status as of Husbands "

you talk about court judgement " and so does the court judgement state 25 k as monthly maintenance .

 Did your sister marry to abstract money in the form of child maintenance ?? 

what are the expenses of the minor child can you elabrote ?

if you are unhappy and your sister is unable to take care of the child than she should handover the custody of the child to the father who would be more than willing to take care of the child . Than this issue of maintenance would indeed not even surface :-) does she have the guts to do this ??

you do not get everything on a platter at somebody elses cost  . you have to workhard and earn for it . life is a struggle where you reap the benifits of your hard work .

 

 

 

Mikey   12 August 2015

My Respect. @ N R , Stanley , CAM.yes

amaresh   13 August 2015

shame shame @Amit, I think You are mentally sick person....May God bless You & Ur sister. But I am concerned about the Child. 

Born Fighter (xxx)     16 August 2015

25k for a minor child is too much considering the wife is also earning a handsome salary of 50k.

The husband if he is reading this should fight to get this component down based upon the needs of the minor child and not based on his salary alone. Earning wife is legally responsible to contribute towards maintenance of child. The Judgement given by Hon'ble FC needs to be appealed and vehemently argued to be corrected.

Amit, you will get a taste of your own medicine in near future. What goes around comes around!!

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