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Naresh (In search of job)     26 June 2011

Maintenance Query, regarding proof submission?

Dear members,

 

I have a maintenance case u/s 18 HAMA going on in family court, filed by wife and currently at cross examination stage. In the next date, I will be cross examined and I have a doubt whether to submit proof of my current status to court or just reiterate my position in the cross-examination without submitting any proof as it is other party (wife) to prove I'm wrong?

 

1. I am currently not in a job for the past 1 1/2 years and currently studying MBA in a college.

 

My question is, which one is better?

 

(a)  No need to submit any proof that I'm studying, but in cross examination, it is just enough to tell that I'm currently not in a job and currently studying. This is what my lawyer wants me to do... Don't know, why so seek your advice, since the court should believe what I'm saying about me, unless it is proved wrong by the other party, is it the right assumption? Please explain adv/dis-adv of this method?

 

(b) Submit the proof of what you are doing, to prove what you claim? Is this the better way to do? I guess, here If I submit the proof, is it required to prove who paid for the fees and all? what you think could be the reason my lawyer doesn't want this method follow?

 

-Naresh



Learning

 7 Replies


(Guest)

if you conceal anthing and the oppsite pary is having the proof of  that than it will be troublr full for  you?  so it is better to tell at what stage you are now and of the adovacte asks that whether you were in the job or not and if they have the proof of your job? so tell the exact things to the court and do not conceal the  evidence 


(Guest)

if you conceal anthing and the oppsite pary is having the proof of  that than it will be troublr full for  you?  so it is better to tell at what stage you are now and of the adovacte asks that whether you were in the job or not and if they have the proof of your job? so tell the exact things to the court and do not conceal the  evidence 

amrit (asstt. prof.)     26 June 2011

dont conceal this vital fact. the experts in here are only to mislead you. why do you expect the other party to bring this fact to the court that you are a student.because this is your strongest defence against your wife, and subsequently if this fact comes to the court your wife would be at loss.stick to your point that you are jobless and a student so, not in a position to pay any penny to your so called wife.i assure you that you will be slapped with less vigour(maintenance allowance) by the court, otherwise be prepared to pay beyond your limits as the court generally strips the man not only of  whatever he earns, but also of what he is expected to earn throughout his life.the courts are not here to do any justice but to strangulate the male species from india, how ridiculous, who will be the father if the male species is wiped out. haha.believe me, i have first hand knowledge and know that the least thing to do in this case is not to trust and depend on your lawers. go search for the relavant sc rulings as well as decision given by justice Shiv Narain Dhingra of Delhi High Court. these judgements woud save you. and remember lawers have no interest to save you but to pick your pocket only.you can also argue your case yourself. samraamrit@yahoo.co.in

Saurabh..V (Law Consultant)     27 June 2011

@Naresh

 

As I understand your query, your question is that if you should simply state in court that you are a student and without any job or you should submit a proof regarding this. If it is so, then my advice is that you keep a proof handy with you for the next date. Don't give this proof unless court does not ask or the other party don't demand. If the judge says that you need to give a proof that you are a student then show your document. Also, there could not be any proof regarding your non-employment. But it would be the burdon of other party to show that you are employed.

 

//peace

/Saurabh..V


(Guest)

here the matter is not that what the person is earning in your case they can also prove that you are able to earn such and such amount and in this regard it will also be considered there?

Naresh (In search of job)     09 July 2011

 

Is it not that what a person is doing right now rather than what he can do later.

 

From what little knowledge I have maintenance is granted based on the current status and for the able to earn later, there is always a change of circumstances ground, which she can use later, once I start earning money. Is it not the more appropriate way of deciding the amount of maintenance?

 

-Naresh

Ravinder Kumar (Account Director)     09 July 2011

@ Author: U have to prove/explain to court that your decision for leaving your job and taking up studies is good for your future (professionally) and also have to submit proofs about your studies (admision documents/fee slips/attendence sheet/letter from your institute/any faculty witnessing etc)..

I dont agree with the point that you sud keep proofs handy and if asked than only present to the court, because many times court will not ask you and that may harm your interests. If you are true than why to conceal anything.. Or waise bhe we have seen for so many years in our movies ke AADALAT SIRF GAWAH MAANGTI HAI...

One more thing whenever you feel you are not completely convinced with your lawyer suggestions than please come and ask your doubts here at LCI, there are many learned members to guide you.


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