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harsh chauhan   24 December 2020

Maintenance/divorce papers

I belong to delhi and I want to divorce my wife. We live in delhi with my parents and my father is owner of that house. I also own a house in another city Gurgaon which I have declared in my income tax return but my wife doesn’t know about it. I have no problem in providing her maintenance / permanent alimony but I don’t want my wife to claim on my Gurgaon house. Do I need to show my income tax return at any point in the court during mutual consent divorce/contested divorce for deciding maintenance/alimony ? If it is required, is it OK to show just one page summary that shows how much income tax I filed in a particular year but doesn’t show properties I own? Will I have to show details income tax return that shows what properties I own ? is it necessary to declare all assets and properties that I own in court during divorce process.

I also had another house in Ajmer, rajsathan that I gifted to my relative [last month] that is also declared in my income tax return but I don’t own it anymore. My wife doesn’t know about that house too. Will court be able to see this gift transaction in my ITR and include it for deciding maintenance/alimony? Will my wife be able to claim on that house too which is gifted to my relative and I don’t own anymore if she comes to know about that house?

Please reply.

Thanks.



Quick Summary
This discussion concerns divorce proceedings in Delhi, specifically regarding maintenance and alimony payments. The user wishes to divorce his wife and is concerned about disclosing his assets, including a house in Gurgaon and a recently gifted property in Ajmer, which his wife is unaware of. He is asking whether income tax returns must be shown in court and if all assets need to be declared when determining maintenance, especially after gifting a property.

 2 Replies

Dr J C Vashista (Advocate)     25 December 2020

You will have to file an affidavit of income, expenditure, assets and liabilities as held by Supreme Court in the Case Rajnesh V Neha decided on 04th November 2020.

You may contact me on appointment, if feel so, at Chamber No 647, Dwarka Courts, Sector 10, Dwarka, New Dlhi-110075                email: majjagdish@yahoo.com

P. Venu (Advocate)     27 December 2020

Sorry, this platform is not meant for persons who are bent upon playing hide and seek with the facts and the truth.


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