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gdk (student)     29 April 2011

Mis-representation

Dear Friends,

My husband has actually business but to avoid payment of maintenace, he is telling that he is doing service.

From starting of the case, in various documents filed in the case, he mentioned his occupation as business but in RW only he mentioned as service and now again after 5 months of mentioning as service in RW, he has filed IA for other purpose and in that he again mentioned as business.

Can I bring this to the attention of Court?

What can I do to prove his nature of fraud?

Regards,

Needful.



Learning

 4 Replies

Jamai Of Law (propra)     29 April 2011

what is RW


(Guest)

@gdk

Your husband is trying to avoid the  maintenance .

The only option in your case is to produce the document i.e,income tax that he pay  as he is acutually business.

You  said that,"he is telling that he is doing service.'Then  give summons in a court to call upon the person i.e, manager or his senior  ( where your husband have service ).If these person said that he is not wornikg in a company than you prove that he is having business and he tell a lie in a court.

But what is RW ?

Tajobsindia (Senior Partner )     29 April 2011

@ Writers

But how does it matter if he is in business or service as she is supposed to prove "his ability" to meet maint. or not - right ?
Illustration:
suppose if he is in buiness and getitng say 10 K and suppose he is in service and he is getting 10 K so how does nature of work help this lady ? it is immaterial if he is in business and or in service what matters is "income" out of a work which this lady has to prove rest are all auumption and wastage of court time.
Yes yes before feminsts jump and tabla my head I flip above and say from business suppose if he earns 20 K and from service he earns 10 K or vice versa also if taken on matrial records then also the K's he gets shown on record is material not business or salary class. All these are prime facie stuffs to get maint. Right. And both nature of occupation are assumptive even if best anti Husband maint. judgment you talk of hai ki nahi ld. Kushan.....

Jamai Of Law (propra)     30 April 2011

If person is flipping between job and business then, definitely there is some difficulty, problems and uncertainty on income front -------------------- from husband's perspective.

 

It shows his struggle.

 

 

 

But wife' side may say ot turn the opinion of court or prejudice also, by saying that husband is earning on two fronts.

 

Now there is no doubt on whether he is able bodied or not. ---this issue resolved for wife.

 

Now he is supposed to pay as per his earnings on an average, if wife has no means/ablebodied, or not able to utilise her education etc, or hasn't yet been successful to stand up on her own feet quickly; but in the process of doing so ................

 

 

In the above case, maintenance seems unavoidable.

Only question remains how much? It shouldn't be as negligible asif it wasn't given at all.

 

 

All that the wife needs to do is that........... wife needs to ask all proofs and gather proofs of husbands income, to get a an appropriate amount in maintenance.


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