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maxx (pvt service)     10 November 2014

On whom does the onus lie to prove all income sources of hus

hi all,

want to know, on whom does the onus lie to prove, how much property the husband has to calculate the maintainence, or how much balance does the husband has in all the accounts of different banks, his investments in shares, mutual funds, and other different accounts, which his wife might not know or might know.

in all the following cases:

CRPC 125

DV

HMA 24

does the court search for all the accounts that the husband has with different banks, or does wife have to show where all the husband has investments?

thanks all



Learning

 5 Replies

UniteFamilies (Social Worker)     10 November 2014

In most cases wife his responsible to provide all the evidence. Wife has no right on husband's property as per current law. If wife is working or she is purposely not working but has good qualification then she may not get maintenance. There are a lot of judgements in which doctor wife even though not working doesn't get any maintenance.

1 Like

Jayashree Hariharan (Advocate)     10 November 2014

onus is on the wife. v rarely court may use its discretionary powers to search documents............ i have not heard of such a case so far.......

1 Like

maxx (pvt service)     10 November 2014

@united families and @ mrs jayshree.....thank you both for your kind and valuable advise.

DV Act Buster (CEO)     10 November 2014

@Maxx,

The court has the right to ask you to produce all your income & property papers for which the wife only has to provide a list of a/c nos. etc. The husband can also ask the court for the same to establish wife's income if any. 

The onus is on wife to give the details of husbands income & properties.... the court can then direct the husband or banks to furnish further information.

Adv. Chandrasekhar (Advocate)     10 November 2014

Not only in matrimonial matters, in all the civil cases, the Indian Evidence Act says that a person, who has got exclusive knowledge, information and documents have to produce them.  What the other party has to do is simply to move an application to the court saying to call for such information from the opposite party.  In this case, husband has got exclusive knowledge that where he is working, how much salary he is earning, where he is saving and what are his expenses, how much ancestral property rights he have and the other sources of income.  The wife, who is bereft of this vital information has to resort to move the above said application and then the burden shifts on the husband to bring all those documents and also to file an affidavit to such extent, if the court orders.  Again I say this is not applicable just for matrimonial cases, in rent, service matters etc. such sort of applications lie from one party against the other party so that the court can adjudicate the matter effectively. 


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