LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh mehra (none)     27 November 2017

Urgent question on maintenance

i want to know how the court decides maintenance if there is no income proof of husband to his wife and suppose if wife falsely says that husband is earning 1Lakh without any proof then how does court decides the maintenance and how can we get rid of maitenance or at least pay less maintenance..........Thanks in advance



 20 Replies

Sachin (N.A)     27 November 2017

Originally posted by : chiran sharma

i want to know how the court decides maintenance

if there is no income proof of husband to his wife and suppose if wife falsely says that husband is earning 1Lakh without any proof then how does court decides the maintenance and how can we get rid of maitenance or at least pay less maintenance..........Thanks in advance

 

Court will look into the living status of husband and wife prior to the case and / or court will assume the income as per minimum wages act.

Rajesh mehra (none)     27 November 2017

how court check on the living status of man I mean what procedure they follow to check the status of husband

Rajesh mehra (none)     27 November 2017

how court check on the living status of man I mean what procedure they follow to check the status of husband

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=156691&offset=1#reply

Rajesh mehra (none)     27 November 2017

What is the minimum income according to minimum wages act
 

Sachin (N.A)     27 November 2017

your state ?

Rajesh mehra (none)     27 November 2017

new Delhi and bro without income proof how can court decides maintenance

Sachin (N.A)     27 November 2017

 

In delhi both the parties have to file the income affidavit as per the guidelines of Delhi HC 

 

Format of affidavit can be downloaded from the court website. ( Pg No 7 to 24)

 

Here is the link:

https://www.delhidistrictcourts.nic.in/july17/27x.pdf

Adv Radhika Mehta (Advocate)     27 November 2017

The Courts take into consideration several aspects apart from income such as status of parties, standard of living, number of dependents etc. Status and standard of living can be ascertained by mentioning movable and immovable properties. 

If the wife is saying 1,00,000/- and the husband, who has full knowledge of the truth, takes no steps to bring the actual amount on record, then the Court may pass adverse inference and consider the statements of the wife to be the truth. 

Rajesh mehra (none)     27 November 2017

so what steps should husband take to show the court that wife is saying wrong 

Adv Radhika Mehta (Advocate)     27 November 2017

Show your bonafides. Annex your salary slips, ofcourse only if your earning is less than what is claimed by your wife. 

Rajesh mehra (none)     27 November 2017

does not wife also need to show the proof of income as well of mine to prove the court that i am earning that much amount????????????


(Guest)

If cour wants it can order anything.  It wont need togive explanation to anyone for its acts.  Better to compromise with other party and get rid of her. by taking diorcev.

Rajesh mehra (none)     28 November 2017

yaa i know court can do anything but still court at least need some proof of income without income how can court come to a conclusion

SHIRISH PAWAR, 7738990900 (Advocate)     29 November 2017

If you want court to pass minimum maintenance then you have file the documents showing your actual income which court can consider while passing order.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query