Rehan Shaikh 22 February 2016

Maintenance to wife by looking at company's income

Hello,

I am a share holder in a private limited company also a employee also of same company (but not the director). Directors are my brother and my mother in the same company.

Recently family court ordered me to pay maintenance to my ex wife on based of company's income where I am shareholder and working.

Court said that it is a family business so I am liable to pay large maitentnce.

But I am not getting anything from company otherthan my fixed salary.

Is it right? what should I do ? Please help me.

Thanks

Reply Follow

2 Replies

P.Bashista (Advocate) 22 February 2016

Court must have assumed that if the books of the company shows profits then automatically as a shareholder you must also be getting the profit, apart from earning salary as an employee. So if the books and accounts of the company are not showing any profits and not distributing the profit to the share holders then challange the order on the basis of these documents.

Born Fighter (xxx) 23 February 2016

You must have not given any documents about your income. Who has given ur company ITR to Family court ???

What is the maintenance awarded to ur wife against your true income ??????

The FC cannot consider ITRs of Pvt Ltd company to ascertain income of an employee and for purpose of awarding maintenance specifically. Its some guess work that the FC has managed to do to help the abala nari. If you are not director how come family court came to know ur a shareholder ????

Your lawyer seems incompetent......... send me PM with your income figures for more guidance