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Moninder Singh (Regional Manager)     27 October 2011

Maintenance from husband

Hi,


Can anyone please tell me how the income of the husband can be proved by wife in the court for get the suitable amount of maintenance approved by the court. The wife just has the PAN No. & Sales Tax No. of the husband and his business.

 

Please advise.

Thanks,

Moninder Singh



 5 Replies


(Guest)

Give lists of assets, his approximate income to your lawyer and also through the court the income tax return can be obtained to decide maintenace.

1 Like

ajay sethi (lawyer)     27 October 2011

she can call upon hussband to produce his income tax returns for last 3 years. in addition husband can be called upon to produce hsi bank statements .

1 Like

Norbu Lama (Finance Officer)     27 October 2011

I don't think the wife has to prove income of her husband for claiming maintenance. The details of PAN, Sale tax number and business are sufficient. However  other requisits that entitle her to maintenance such asignorance, desertion, divorce etc and her own insufficient income to maintain herself must exist to make a sustanable claim.

1 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     29 October 2011

Dear Moninder,

I agree with Mr. Ajay Sethi Moreover you can also summon the records from concerned department, if the husband is avoiding to file income tax returns, sales tax returns and bank statements before court.

Thanks & Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

1 Like

Moninder Singh (Regional Manager)     30 October 2011

Dear All,

 

Thanks to you for your advice. Let me inform you that the husband is totally unwilling to divulge any of his income or business details to the wife. The wife also considered the option of filing two separate RTIs in the income tax department and sales tax dept. But, she came to know that both the departments can only provide the income details if the husband gives his consent for it, which is completely out of question.

 

How can the wife summon the records from the concerned department? Kindly explain the procedure. Though a petition to theis effect has already been filed in the court by the wife. How likely it is that the court will accept the petiotion and ask for the details of husband's income from the income and sales tax department? What should be the role of wife's lawyer in this situation?? Also, let me tell you that the wife has not filed any divorce case but she is staying away from the husband and also has to support her two children (16 and 12 years old).

 

Thanks and Regards,

Moninder Singh

08003767676


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