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Harika (bsc)     28 October 2014

What can i ask a husband to submit details to the court.

Hi,

What can I ask a NRI husband to submit details like his payslips etc.,. to the court because I don't have any details and how can I ask the court to ask him to submit all the details. If any recent judgments by Supreme court please share. 

Thank you,

Harika.



 6 Replies

Tajobsindia (Senior Partner )     28 October 2014

@ Author,

 

1. It has been noticed that the husbands do not truthfully disclose their true income in the proceedings and, therefore, the Court has to assume the income of the husband to award maintenance to the wife.


2. Court often feels and observes that parties in maintenance case often hide - lie about their income and hence have started to insist to parties (husband - wife) to file Affidavit on the lines of Ref.: Puneet Kaur Vs. Inderjjit Sawhney [183 (2011) DLT 403] where it has culled about 50 factors relating to the income, expenditure, assets, standard of living and lifestyle which can be taken into consideration for assessing the income of the husband. The Court directed both the parties to file the affidavit of assets, income and expenditure from the date of the marriage up to date along with all the relevant documents. This method of assuming the income from the expenditure, standard of living, lifestyle is a well recognized method used by Income Tax Authorities where the assessee does not truthfully discloses his income. The relevant portion of the said judgment is as under:-

 “7. In the facts and circumstances of this case, both the parties are directed to file their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing the following particulars:- 

 
7.1 Personal Information
XXX 

7.2 Income
XXX 

7.3 Assets
XXX 

7.4 Liabilities
XXX 

7.5 Expenditure
XXX 

7.6 General Information regarding Standard of Living and Lifestyle
XXX

8. etc.”


3. Ask your Advocate to refer to above citation - judgment and pray before Court to direct parties to file their income statement in line with above referred judgment which now-a-days many State's trial court are following to quickly award maintenance to needy party as the case may be.

 

 

[Last reply]  

Harika (bsc)     28 October 2014

Thank you Sir.

Adv. Chandrasekhar (Advocate)     28 October 2014

Ask your advocate to go through the above cited judgment (I am enclosing it for ready reference), then move application seeking the direction from the court to file the affidavits as in the line of the said judgment by both the parties and you, from your side file the affidavit to show your income, expenses, your employment, if you are not employed in what circumstances, you could not be employed and other attending circumstances in the proforma prescribed in the said judgment.


Attached File : 967292300 puneet kaur vs inderjit singh sawhney on 12 september, 2011.pdf downloaded: 125 times
1 Like

Saurabh..V (Law Consultant)     28 October 2014

@Author

 

As aptly advised by learned lawyers, with due reference to the case law, you should urge the court and seek help.

 

Although, there is no straight-jacket formula to find someone's original income however, it may go against you because you hold no proof of your enstranged hunband's income. Court's approximation might be on the lower side.

 

Hence my additional suggestion would be that you try to find some documents regarding the earning capacity of your husband. This piece of evidence would be required to be dis-proved by the husband and in absence of such counter-proof, your document would be duly credited.

 

All the best!

 

//peace

/Saurabh..V

Priya (NA)     01 November 2014

Thanks everyone. I'm in the same boat and so this will be very helpful.

Good luck, Harika. Where is your case going on? Is your husband appearing on dates?

 

Jimmy (Manager)     01 November 2014

The real problem for a wife in maintenance disputes is NOT that they do not know WHAT  constitutes husband's income but HOW TO PROVE the same. The cited judgment merely lists what is clearly common sense approach to valuing income. There is nothing enlightening there.  So, the question is HOW to prove the factors (income, liabilities, etc) of the husband and particularly so of a NRI husband.  For an Indian husband, it is relatively straight forward - Get the Court to issue summons to his employer, bank officers where he holds accounts, etc. For an NRI, if the employer or the parent company is Indian, then the same approach can be used. For an NRI husband who is NOT a citizen of India, it can be a daunting task for the wife as most western jurisdictions have serious privacy laws and summons from Indian Courts will be ignored. MY ADVICE TO THE WIFE OF A NRI IS TO FILE A SUIT IN THE COUNTRY WHERE THE HUSBAND RESIDES/WORKS.  This is easier then it sounds.  Contingency fees are common in most western jurisdictions and you will find many advocates on-line in such countries who will take your case and charge a percentage from the alimony in lieu of legal fees.  They will do their job and believe me you will see monies flowing in faster and easier then any Indian Court can grant you!


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