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Puneet   27 June 2016

Need clarity on maintanence

My Wife has just filed Sec 125.

 

I am a businessmen and want to ask:-

 

1) Does Judge consider last financial year's Income as my income or average of last three year's income as my income.

 

2) How will Jugde come to know about my income

 

3) Can i hide my IT return and ask my wife to prove my income or should i honestly submit it to court?

 

4) What should i submit (last One Year's or Last Three year's) Income Statement

 

5) How do i get the best lawyer as in what should be the selection criteria?

 

Please advise

 

Thanks

Puneet



Learning

 7 Replies

Khush   27 June 2016

If u r salaried then produce ur latest salary slip. Do not hide ur salary from court. Rather show ur liabilities, expenditures. If ur wife is working???? Her salary ? Her qualifications? Any past experience? Do u hb kids How long married Whats ur salary

Puneet   27 June 2016


Khush,

 

I am not salaried, So do not have salary slip!
m doing my own business,

Wife never worked,
Our son (right now with her) is just 2 years old,
Wife is Graduate with Computer Knowledge.

i have to take care of my aged mom n dad also.
and my income of 30k is not meetg ends.
So daily quarelling and finally wife left home one day.


Regards

Puneet

 

Khush   27 June 2016

if u r buinessman and if u file ITR each year, then do not hide anything from court.

you are saying income of 30000, then you can show liabilities towards old age parents and their maintenance.

if wife never worked then it wil not help you out.

i think monthly maintenance may be 5000 to 7000

u hv to press to court that she left at her own will and if u want to take her back, then u can tell court that i want to take her back. it may then help u

 

A walk alone (-)     27 June 2016

1) yes 2) Not only judge, she can also get your income tax detail through RTI.3) you can't hide your IT return. Generally court considered many thing while deciding maintenance like your wife qualifications, her work experience, responsibility of children on her, your income,your status of living etc. It might be one third of your income.5) very few lawyer are both mostly make money with both side. Selection of lawyer is as difficult as selection of life partner.

Puneet   27 June 2016

So, will my income be considered as that of
Last Financial Year's Income
or
Average of Last 3 years.

windowsxp   27 June 2016

We can't get it returns through rti, only if court ask it department then only they provide, selecting lawyer is tedious task like selecting a life partner

Born Fighter (xxx)     03 July 2016

Follow wait and watch approach.

You file your current ITR and expenditure statements showing any loans taken, expenses incurred on self/parents etc.

If ur income is just 30k then why are u so worried ??? Maintenance awarded would be 1/3rd of ur net income.

It depends upon what evidences ur wife files to prove ur income, based on that court will ask you to produce other details like ITRs of previous years/bank account etc

If ur income was high in previous years and has reduced now then you should give strong reasons for fall in income , as ur in business income will fluctuate

ITR cannot be procured thru RTI....

Speak to the peons in court/ other men attending cases and ask for a competent lawyer who deals majorly in divorce cases, be ready to pay him even if hes costly till the interim maintenance stage atleast, later u can change the lawyer who will suit ur pocket. Quality comes with price , remember that !

 


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