Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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VictimOfBiasLaw (Professional)     09 February 2011

Wife know my bank account , what should i do ?

Wife file DV case and CRPC-125 ,  wife know my salary bank account , 

Question :
1. will she get benefit of this ?
2 should i close it and open another account  ?
3. there is no need to change my account , even if i change bank account , court will ask for this ?



Learning

 19 Replies

Samir Jha (Advocate)     09 February 2011

It does not matter because once you appear before the court, the court itself can inquire about your income and other details and you can not depose falsely before court.

The consideration in cases of maintenance is not the amount lying in your account but various factors like, whether your wife is educated, working, capable of working, your dependency, your expesnes, her expenses, if there is a child to be maintained, if yes, then who is bearing the expenses of the child etc. 

The above instances are only illustrative and there can be more factors.

Tajobsindia (Senior Partner )     09 February 2011

@ Author,



My suggestion as in just a Re. 1/- is;



1. Can you leave your present Job and lead a respectable debit free life ! If answer is yes then no Court can ask and or attach any of your present non performing so calaled assets. This is only possible if a husband does not want to give maint. to a errant wife. 


Reasoning:
a. You seems to earn handsomely hai na ki nahi ……

b. A wife is supposed to know your inner wear Brand as in (read for shopping laundry mates for you man) so why be afraid that she knows it now when just a few maint.  cases on the floor of Court.

c. You can’t leave your present Job and go on study / higher education thus declaring yourself to be dependent on your folks and indirectly “no maintenance to ops wife" can U do that ?

d. Who is a ‘Professional’ (ops I noticed that under your name) among you two as in spouse in this gender biased land think aloud man.

e. The ans. by above reader (professional person) is correct.

2 Like

(Guest)

@HelpPlease

Dont escape the from the reality ,face it ,fight it , and finish it ,i mean finish the case.Hire a good Lawyer.

Follow the advise By Advocate Samir Jha.

Arup (UNEMPLOYED)     09 February 2011

1. yes definitely.

2. prefarable. but do not transfer the old account, close it.

3. yes. if court ask - you have to give right information.even if your salary sentd to court then also, it is reachable by her / court.

remove big amount , if any, properties also comes into the considaration for maintenance claim.

1 Like

Ambika (NA)     09 February 2011

If he removes big amount how would it help him Arup Ji? His income Tax return would show his salary....

VictimOfBiasLaw (Professional)     12 February 2011

hey my IncomeTax return is less since she filed case.

but before that i have considerable amount credited in my account and she know about this. she submiited my bank statement for this.

Will court consider my income from the day she filed case or earlier income is also applicable ?

Ambika (NA)     13 February 2011

Look man, if your job is the same , your designation is the same, if you are promoted, is the court fool not to make out your income or increase in your income? In various judgement of SC and HC, the courts have opined that true incomes are not revealed in many cases and the courts can make a wise guess...now you are working in an MNC , right??? and you have a designaiton, and your previous salary records are there....apply to your mind youself...

 how you have managed to show your income less in your income tax returns? The ITR shows your deductions on your income also...and too much of deductions are not accepted by court, again there is a judgement on LCI itself...( or let me see if I can post it later during the day). 

Arup (UNEMPLOYED)     13 February 2011

Will court consider my income from the day she filed case

- yes, but if you can prove that she left the matrimonial home in her own will,then you may escaped.

or earlier income is also applicable ?

- not earlier, because you maintained her on that time.

Arup (UNEMPLOYED)     13 February 2011

i have considerable amount credited in my account and she know about this. she submiited my bank statement for this.

- your present income will be under considaration.

Ambika (NA)     13 February 2011

I would ask the querist not to be mislead by Arup's advice. Present income ofcourse would be taken into consideration but all other factors would be considered. If suddenly you show a fall in income with your designation intact, it will raise a count in the mind of the judge that you are hiding your salary. Please refer to some judgements before jumping into the trap of falsehood. The judgements may be in your favour or not, but it is always better to take an informed decision so asto avoid future complications. 

Over a period of time, salary tends to increase and not decrease. So keeping your designation, the company profile  and promotions in mind( I assume, you would have promoted also, or every year some increase in your salary would have happend), it can be easily made out if you are telling truth or lies. Your company also can be ummoned by the court to enquire about your true salary.....

Ambika (NA)     13 February 2011

Read doubt in stead of count...

Ambika (NA)     13 February 2011

 

Go through this judgement. Go through judgements which are in favour of your situation, but pay equal or perhaps more attention to the judgements which are not in your favour...

https://www.lawyersclubindia.com/forum/files/56_56_mr_sistani_s_judgment.pdf

Will send another one soon, the one which says unreasonably high deducations would not be taken into consideration...

 

 

Ambika (NA)     13 February 2011

 

This is the judgement I was referring to...

If  you are showing your salary as less due to unreasonable deductions...

Read Point no. 5 carefully. 

CA/6911/2004 4/4 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION NO. 6911 OF 2004

In

FIRST APPEAL NO. 1723 OF 2004

==============================================================

RITABEN ASHWINKUMAR PARMAR - Applicant(s)

Versus

ASHWINKUMAR MANILAL PARMAR - Opponent(s)

============================================================== Appearance :

MR. JAYESH A. DAVE for Applicant(s).

MR. H.R. PRAJAPATI for Opponent(s).

=====================================================================

CORAM :

HONOURABLE MR.JUSTICE R.S.GARG

and

HONOURABLE MR.JUSTICE K.M.MEHTA

Date : 10/10/2005

ORAL ORDER

(Per : HONOURABLE MR.JUSTICE R.S.GARG)

1. The parties are heard.

2. This is an application under Section-24 of the Hindu Marriage Act, 1955 seeking interim maintenance.

3. The wife has submitted that as her husband's salary is Rs.13,000/- plus, the Court be pleased to award a sum of Rs.5,000/- per month towards the interim maintenance during pendency of the appeal. It is also submitted that the Court below, in a most cruel and indecent manner, awarded a sum of Rs.30,000/- towards permanent alimony, less realising that the interest at the present Bank's rate would be hardly Rs.150/- per month, that would be Rs.5/- per day and in a sum of Rs.5/- per day, it is impossible to maintain even a pet. It is also submitted that if Rs.5,000/- are needed and the said amount is used by the wife out of the permanent alimony, then, the total amount of permanent alimony would exhaust in six months and she would be left with nothing and will have to go for vagrancy.

4. Learned Counsel for the respondent-husband has filed an affidavit of the husband opposing the application. It is submitted in the affidavit that the gross salary is Rs.13,753.74, out of which the total deductions are Rs.7,896.94 and his take home salary is Rs.5,855.31; out of the said take home salary, he has to maintain his old and infirm father, the wife, with whom he has married after grant of decree of divorce, and the son begotten out of the second marriage.

5. Prima facie, the submission of the Counsel for the respondent-husband about the deduction of Rs.7,896.94 from the gross salary appears to be reasonable and lucrative, but, if a close scrutiny is made against the items of deductions, then, it would clearly appear that except Rs.333/- deducted towards income tax and Rs.886/- deducted towards provident fund, which are the standard deductions, all other deductions are towards the earlier loan taken by the husband or towards the interest of the loan taken by the husband. The moment a person takes a loan, then, he virtually withdraws the salary in advance and pays interest on it. The deduction from the future salary has to compensate what has been withdrawn by the husband in advance. If, out of the take home salary, the husband wants to pay for LIC premium, housing loan, supplementary loan and the loan taken from the credit society, then, he can't be allowed the luxuries to have everything in the life and say before the Court that his take home salary is so low that he can't pay reasonable amount to the wife.

6. It was submitted by the parties that on an earlier occasion, the wife had demanded a sum of Rs.1.75 lakhs towards permanent alimony with an undertaking or assurance to withdraw the appeal, but, the husband only wanted to pay a sum of Rs.1 lakh in lump sum. We asked Mr.Prajapati to seek further instructions from the respondent, who was present in the Court, but, the respondent says that he would prefer to pay the monthly alimony and not a sum of Rs.1.75 lakhs, as demanded by the wife.

7. Left with no choice, we grant the application with a direction that from the date of the application, the husband shall pay a sum of Rs.2,500/- per month to the wife towards maintenance. If the husband does not pay this amount to the wife directly or through the agency of the Court, then, the wife shall be entitled to submit an application to the employer of the husband, along with a copy of this order for making particular deductions in the salary and for paying the amount to the wife, until further orders from this Court. The application is allowed. Rule is made absolute. No costs.

[R.S.Garg, J.]

[K.M. Mehta, J.]

kamlesh*

 

VictimOfBiasLaw (Professional)     13 February 2011

Thanks Ambika ji,

But it is fact , that my income in india is decrease.

Please read my fact below 

- When i was india my take home salary was aroung 38,000/- per month ,

- after 10 months of my marriage ,  i have to go to abroad so my company pay only some components of my salary in india which is aroung 10,000/- per month

- remaning in country ccy where i am right now , which is around $3,500 

- my wife filed DV case when i was out of india ( that is after 12 month of my marriage ) , i never appear before court , my lawyer is represetning me.

- now my indian salary since from last 15 months is 10,000/- per month in india and $3,500/- per month abroad

- but my abroad cost of living is high and i can save $700/- per month 

- in this year income tax retun in india my income is 10,000/- per month only 

- now my wife converting dollar to INR and derived 1,00,000/- per month and asking for 1/3 that is 30,000 per month.

- so which income is being considered 10,000 INR ?? or my saving of abroad ? ( which i less and since i m abroad i may need more money in abroad)

Please guide


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