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doesnt matter (abcd)     07 April 2012

Wife demands 35 lakh cash & a 1bedroom hall kitchen aprt


1. Arranged marriage between a ca boy and doctor girl, both currently staying separate since 19 months

2. One girl child of 21 months

3. Hushand is a  salaried porfessional earining 15 lakhs and wife having private practice of nearly 13-14 lakhs operating from a rental clinic(since entire collection is in cash, girl files income tax return of 3-4 lakhs only)

4. Husband staying with parents who are dependent on him

5. No immovable property on husband's name, the currently residing apartment is in name of parent.

6. Wife and child stay with her parents and her brother and bhabhi

7. Wife has demanded 35 lakhs in cash and a owndership apartment (in the same locality as her parents stay) or equivalent amount of money to agree for MCD, otherwise she has told husband to waste 10 years of life fighting in court.

8. Both the sides have exchanged each others jewellery/clothes/articles etc 3 months back

9. Wife says she already has daughter's custody and has currently no plans of remarriage-so she is not inclined to give mutual consent divorce unless it is at her price.



1. Is the doctor wife who is earning entitled from her husband to a flat in the same locality as her parents reside???

2. The wife has demanded entire sum of money and flat or equivalent amount of money ie total money as one time lumpsum payment, she is not agreeing to monthly payout-if the boy decides to fight it out in court is there a possibility that court will also direct him to make a one time settlement or he will be directed to make monthly payment but NEVER a one time settlement by court.

3. What is the rough ballpark figure that the husband might be told by court to give every month (best case scenario only for daughter)-(worst case scenario for daughter as well as earning wife)


 21 Replies

doesnt matter (abcd)     07 April 2012

The wife is willing to waste time of long run becasue she has her daughter's custody and is saying that she is not interested in remarriage. Demanding this obscene compensastion is way of extorting either money or making the husband resort to legal battle-so either husband looses obscene sum of money or loses his precious years in court.

Self service (None)     07 April 2012

Don't worry, if you can prove her earnings and assets she won't get at thing.

Only child will get some money. But you can ask for custody and if she denies request court to share child's expense also.

Self service (None)     07 April 2012

Also try to collect her salary evidences, don't worry how much IT she is filiing, try to collect evidences of her expenses i.e how much rent she is paying, how much she is charging to patients etc. based on that you can prove she is earning well and also inform Income Tax about tax evasion.

Divya (nil)     07 April 2012

why are you scared to spend years in court...........No decision will be immediate first of all without the court giving both parties sufficient time to adduce evidence.....your wife wants u to break down & give her  ab big payment..........FIGHT......................

There are various judgments wherein a working wife cannot be entitiled to that huge maintenance..............Have faith ...............on what basis can she claim a flat..........she has no right on ur parents proeprty till they are alive..Consult a good & shrewd lawyer who will show u the right path.....Dont give up as its common everywhere..........

kumar101 (clerk)     08 April 2012

-She is not entitled to maintenace or any compenstation as she is self sufficient and able bodied. Collect all income related evidences

-She is not entitled to any property too

-You may have to pay some money for your kids maintenance.

-Try to fight for you kids custody if she is using the kid as the pawn.

-If you are very excidted to get remarried then pay her ransom or else fight it out.  


Salute your wife with the middle finger and FIGHT BACK !!

doesnt matter (abcd)     08 April 2012

 I have her visiting card where in her clinic address and her qualification as a doctor are mentioned. 

She has her own practice from rental clinic-so obviously she doesnt have any salary slips. As regards her income proof,i have her Income Tax return of one year wherein she had filed with income of only 3.5 lakhs. I also have her hand written diary wherein she used to record her daily cash collection (from clinic practice as well as referral fees from other specialist doctors and pathology labs) and her expenses ( monthly rent, telephone expense, petrol, medicines etc) but then her name is not written on diary.

A big worry is she can say in the court say  that "i am shutting down my practice and am going to sit at home to devote full time and care to upbringing of the daughter-so i wont have any income" 

1 Like

doesnt matter (abcd)     08 April 2012

As regards fighting for child's custody-is it realistically possible that court will give custody of a 2 year girl child to father? If yes then nothing like it-its heaven on earth, but weaht if court doesnt give cusotdy to me and it remains with wife-then can she try to inflate future expenses of bringing up the child, so as to extort maximum money from me???

kumar101 (clerk)     08 April 2012

If your in a hurry to remarry then she can do lot of things like inflate expenses etc . Laws and society favour women untill you fight back.

IMHO, 3.5L income tax is lot of money so you should fight tooth and nail to nullify any grant of maintenance.

You can say that she is already a busy person so can't take care of my kid etc etc. Talk to couple of lawyers and start spending time on this forum, you will get lot of points that can apply to your scenario.

doesnt matter (abcd)     08 April 2012

3.5 lakh is amount of income declared by her and on that she has paid a tax od approximately 17000, she has not paid total tax of 3.5 lakhs. Anyways her annual income is approximately 13-15 lakhs, but since everything is in cash she declares only minimal amount, while i am salaried person working in a audit firm, so my entire income is in legal domain and is fully taxed.

kumar101 (clerk)     09 April 2012

@doesn't matter

Even 3.5L/yr i.e ~30k/month is a lot of money.  So just collect all the tax doc, edu'n certifcates, bank details etc etc. Just need to fight yaar, there is no silver bullet. Its all about being as stingy as possible or else wife will treat u as a free ATM.


Employed wife : NO maintenance u/s 125. Even though wife’s salary is only Rs 2200/- p.m

Uttaranchal High Court

Smt. Archana Gupta & Another vs Sri Rajeev Gupta & Another on 18 November, 2009


Criminal Revision No. 201 Of 2006

Smt. Archana Gupta & Another ………….. Revisionists.


Sri Rajeev Gupta & Another ………….Respondents

Mr. M.K. Goyal, learned counsel for the revisionists. Mr. Rakesh Thapliyal, learned counsel for respondent no. 1. Mr. S.S. Adhikari, learned A.G.A. for respondent no. 2.

Dated: November 18, 2009

Hon’ble Alok Singh, J.

Tajobsindia (Senior Partner )     14 April 2012

@ Author


1. Read your PM sent today to me.

2. You have been sufficiently advised.

3. Still if you are in confusion stage and if this is a case of S. 24 HMA interim maint. then we would say that there cannot be an exhaustive list of factors, which are to be considered in guessing the income of the spouses, but the order based on guess work cannot be arbitrary, whimsical or fanciful. While guessing the income of the spouse, when the sources of income are either not disclosed or not correctly disclosed, the Court can take into consideration amongst others the following factors:


Life style of the spouse;

(ii) The amount spent at the time of marriage and the manner in which marriage was performed;

(iii) Destination of honeymoon;

(iv) Ownership of motor vehicles;

(v) Household facilities;

(vi) Facility of driver, cook and other help;

(vii) Credit cards;

(viii) Bank account details;

(ix) Club Membership;

(x) Amount of Insurance Premium paid;

(xi) Property or properties purchased;

(xii) Rental income;

(xiii) Amount of rent paid;

(xiv) Amount spent on travel/ holiday;

(xv) Locality of residence;

(xvi) Number of mobile phones;

(xvii) Qualification of spouse;

(xviii) School(s) where the child or children are studying when parties were residing together;

(xix) Amount spent on fees and other expenses incurred;

(xx) Amount spend on extra-curricular activities of children when parties were residing together;

(xxi) Capacity to repay loan.


These are some of the factors, which may be considered by any court in guesstimating or having a rough idea or to guess the income of a spouse. It has repeatedly been held by the Courts that one cannot ignore the fact that an Indian woman has been given an equal status under
Articles 14 and 16 of the Constitution of India and either spouse have a right to live in dignity and according to the status of other spouse. In the fact before us case, the stand taken by the Applicant wife with respect to her earning is unbelievable.



In the facts and circumstances of this thread read with your PM of today to us, it is suggested to file an Application before concerned Court to direct both the parties to file along with Affidavit their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing more particularly the following :-

(i) Relevant documents with respect to income including Salary certificate, Form 16A, Income Tax Returns, certificate from the employer regarding cost to the company, balance sheet, etc.

(ii) Audited accounts, if deponent is running business and otherwise, non-audited accounts i.e. balance sheets, profit and loss account and capital account.

(iii) Statement of all bank accounts.

(iv) Statement of Demat accounts.

(v) Passport.

(vi) Credit cards.

(vii) Club membership cards.

(viii) Frequent Flyer cards.

(ix) PAN card.

(x) Applications seeking job, in case of unemployed person.


Under Prayer also pray that the affidavit and documents be filed within a period of four weeks with an advance copy to opposite parties who shall file their response within two weeks thereafter.

Following particulars be revealed under Affidavit by parties;

Personal Information


(i) Educational qualifications.

(ii) Professional qualifications.

(iii) Present occupation.

(iv) Particulars of past occupation.

(v) Members of the family.

(a) Dependent.

(b) Independent.




(i) Salary, if in service.

(ii) Income from business/profession, if self employed.

(iii) Particulars of all earnings since marriage.

(iv) Income from other sources:-

(a) Rent.

(b) Interest on bank deposits and FDRs.

(c) Other interest i.e. on loan, deposits, NSC, IVP, KVP,


Post Office schemes, PPF etc.


(d) Dividends.

(e) Income from machinery, plant or furniture let on hire.

(f) Gifts and Donations.

(g) Profit on sale of movable/immovable assets.

(h) Any other income not covered above .




(i) Immovable properties:-

(a) Building in the name of self and its Fair Market


Value (FMV):-


- Residential.

- Commercial.

- Mortgage.

- Given on rent.




(b) Plot/land.

(c) Leasehold property.

(d) Intangible property e.g. patents, trademark, design, goodwill.

(e) Properties in the name of family members/HUF and their FMV.


(ii) Movable properties:-


(a) Furniture and fixtures.

(b) Plant and Machinery.

(c) Livestock.

(d) Vehicles i.e. car, scooter along with their brand and registration number.


(iii) Investments:-


(a) Bank Accounts – Current or Savings.

(b) Demat Accounts.

(c) Cash.

(d) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.

(e) Stocks, shares, debentures, bonds, units and mutualfunds.

(f)  LIC policy.

(g) Deposits with Government and Non-Government entities.

(h) Loan given to friends, relatives and others.

(i) Telephone, mobile phone and their numbers.

(j) TV, Fridge, Air Conditioner, etc.

(k) Other household appliances.

(l)  Computer, Laptop.

(m) Other electronic gadgets including I-pad etc.

(n) Gold, silver and diamond Jewellery.

(o) Silver Utensils.

(p) Capital in partnership firm, sole proprietorship firm.

(q) Shares in the Company in which Director.

(r) Undivided share in HUF property.

(s) Booking of any plot, flat, membership in Co-op.


Group Housing Society.


(t) Other investments not covered by above items.

(iv) Any other assets not covered above.




(i) OD, CC, Term Loan from bank and other institutions.

(ii) Personal/business loan

(a) Secured.

(b) Unsecured.


(iii) Home loan.


(iv) Income Tax, Wealth Tax and Property Tax.




(i) Rent and maintenance including electricity, water and gas.

(ii) Lease rental, if any asset taken on hire.

(iii) Installment of any house loan, car loan, personal loan,business loan, etc.

(iv) Interest to bank or others.

(v) Education of children including tuition fee.

(vi) Conveyance including fuel, repair and maintenance of vehicle. Also give the average distance travelled every day.

(vii) Premium of LIC, Medi-claim, house and vehicle policy.

(viii) Premium of ULIP, Mutual Fund.

(ix) Contribution to PPF, EPF, approved superannuation fund.

(x) Mobile/landline phone bills.

(xi) Club subscripttion and usage, subscripttion to news papers, periodicals, magazines, etc.

(xii) Internet charges/cable charges.

(xiii) Household expenses including kitchen, clothing, etc.

(xiv) Salary of servants, gardener, watchmen, etc.

(xv) Medical/hospitalization expenses.

(xvi) Legal/litigation expenses.

(xvii) Expenditure on dependent family members.

(xviii) Expenditure on entertainment.

(xix) Expenditure on travel including outstation/foreign travel, business as well as personal.

(xx) Expenditure on construction/renovation and furnishing of residence/office.

(xxi) Any other expenditure not covered above.


General Information regarding Standard of Living and Lifestyle


(i) Status of family members.

(ii) Credit/debit cards.

(iii) Expenditure on marriage including marriage of family members.

(iv) Expenditure on family functions including birthday of the children.

(v) Expenditure on festivals.

(vi) Expenditure on extra-curricular activities.

(vii) Destination of honeymoon.

(viii) Frequency of travel including outstation/foreign travel,business as well as personal.

(ix) Mode of travel in city/outside city.

(x) Mode of outstation/foreign travel including type of class.

(xi) Category of hotels used for stay, official as well as personal, including type of rooms.

(xii) Category of hospitals opted for medical treatment including type of rooms.

(xiii) Name of school(s) where the child or children are studying.

(xiv) Brand of vehicle, mobile and wrist watch.

(xv) Value of jewellery worn.

(xvi) Details of residential accommodation.

(xvii) Value of gifts received.

(xviii) Value of gifts given at family functions.

(xix) Value of donations given.

(xx) Particulars of credit card/debit card, its limit and usage.

(xxi) Average monthly withdrawal from bank.

(xxii) Type of restaurant visited for dining out.

(xxiii) Membership of clubs, societies and other associations.

(xxiv) Brand of alcohol, if consumed.

(xxv) Particulars of all pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, MACT, etc. with parties name.



A. Some threads when answered sufficiently are going into loop and wants some super clarity.

B. Be it so above is Judicial wisdom way out to filter who is lying before concerned Court (lying under Oath – Perjury remember that) and since yours is audited Income Vs. hers un-declared income once all above are produced by respective parties under Affidavit. Sum result either she will not get what she is cunningly seeking and or Court will see parity and may not grant interim maint. to her and or finally once a fighting spirited Husband voluntarily seeks Court directions on above so called exhaustive income – expenditure – liability details such cases ends up in "mutual consented" divorce ways and past histrionics of similar actions as per various trial court read with HC time tested similar Orders reveal what is written in above quote - unquote.



So dear querriest shall you try above if you have nothing to hide and seeking truth that also in matrimonial affairs of two spouse J


PS.: I am not again replying on Custody / visitation part as I have over written on said subject here and let others give their valuable advise on this un-replied here child custody / visitation query.

1 Like

Ranee....... (NA)     14 April 2012

Gr8 and v  informative reply by tajobindia..


doesnt matter (abcd)     15 April 2012

@ Tajobsindia


Either it is deficiceny of my vocabulary or in english language, that i am not fully able to convey my gratitude for the detalied reply given by you. 

Current stage:


1. My doctor wife's financial situation is very opaque because:

a) She has not filed returns till year 2008. In 2010 i forced her to file a return for Financial Year 2008-2009, wherein she filed  a 3.5 lac return and paid tax along with penalty. In 2011 she left my house for her parents house to go for child-birth and i am not aware whether she has or has not  filed return for  Financial Year 2009-2010 and  Financial Year 2010-2011.

b) I just have her one tax return and her pan card number.

c) Part of the total cash collection from her clinical practice goes to (unknown to me) bank and part of it goes to purchase gold everymonth. I dont know where the gold is purchased from and where it is kept. I also dont know how many bank accounts she has now started maintaining with a view of splitting and keeping her cash collections in multiple banks.

d) she stays with her parents and i think there is a possibility that she could be depositing some part of money in her dad's bank account (dad is unemployed since 15-20 years) but i guess he must be showing that as tution income or something of that sort or mom's account-mom must be showing it as tution or stiching work income.

e) Her brother is a chartered accountant who is expert at tax evasive accounting practices so i am sure he has donned his thinkng cap to show his sister's income to be minimal so as to pay less tax and also to extract maximum from me.


2.       No cases filed in any court yet by any of the concerned parties


3.      We have exchanged each other jewellery/clothes/sundry articles-i have given her back, whatever was given to her and to me by her family/friends and she has given me back what was given to her by my family/freinds. Details of this exchange have been recorded on a plain A4 paper. Heading is  "JOINT DECLARATION" wherein the exhaustive list of articles exchanged is recorded and is signed by 7 witnesses from each side present in the meeting including myself and wife.

In the same meeting they conveyed the above mentioned demands of 35 lakhs for child and 1bedroom hall kithcen aprtment- for agreeing to MCD. I pleaded with them that there is no way i can and i will give so much money and a ownership flat too-at the most i will give give monthly some fair & reasonable sum of money  & provide a rental apartment and that too in a locality where i can afford-but they were admant on 35 lakhs lumpsum & ownership flat in their preferred locality-they said monthly payment is too cumbersome and inconvenient for them to collect.

This is nothing but extortion!!! Anyways i was told to get back with what i can give-i have now conveyed that i can give 3 lakhs as one time full and fianl settlement. I guess they must be shocked by the "low amount" offered and they have chosen not to reply.

As of now things are in "no man's land"-which actually suits her fine because she had once orally told me that "either you give me lot of money or i will waste your years in court, because i will ask lot of money for the child-if you give-then i get the child as well as money from you-if you offer less money i wont accept it because actually speaking i am not financially distressed and i dont need money, so i am under no pressure to accept whatever money i can get fast and move on in life-for me demanding exhobitant sum of money is a tool to harass you-frankly speaking i am not some abla nari who is financially depedent on anybody who will settle the matters fast to get the money-i will either take so much money from you that you will be bankrupt or i will waste your years-because for me more than money the prime motivation is harassing you"

I am now at my wits end as to how to negotiate with them-because "a person who has lost fear of death can never be threatned with bodily harm", I dont understand under what grounds to file a contested divorce peition in the court, because i see there is no chance of them agreeing to MCD unless i agree to sum of money which somehwere near their demands-which is impossible for me.

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