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Naresh (In search of job)     25 January 2011

Will the court, opposite party demand me provide IT returns?


Dear Learned members,


I have filed divorce on cruelty and desertion grounds, wife filed maintenance u/s 18 HAMA and interim u/s 24 HMA.


Recently, cross-examination happened in my divorce case, in which opp lawyer asked me, whether I was filing IT returns or not? I said "yes". Currently (for the past 8 months), I'm not working (studying now, and so no earnings).


In the above scenario


(1) Whether in my maintenance cross examination, will he ask me to submit IT returns? If, so, will I have right to object the same, though I have admitted to filing the IT returns as it is my personal document?


(2) Are my prior earnings will be useful for the opposite party to claim higher maintenance u/s 18 HAMA?


(3) We have separated for the last 5 years, is it possible that the maintenance may be ordered from the date of separation and will it be awarded based on my prior earnings  or on the current earnings only u/s 18 HAMA (say I was earning 1lac per month before, but currently jobless and studying)?


Please help answer the above questions.





 9 Replies

Arup (UNEMPLOYED)     25 January 2011

if the court feels it justified, it may demand it return.

but in general, it is customary that in a civil case, the party attacking, will submit the documents.

Arup (UNEMPLOYED)     25 January 2011

you recorded your unemployed position at court.

if past is in question, maintenance of past is due and you have to pay.

Jamai Of Law (propra)     25 January 2011

Yes you may be asked.


But ask the purpose!!


But put it in writing....and ask boldly...why you need it!!...for what purpose it is intended to be used?? (this is veryvery very very  important!!) Don;t miss to bring ti in writing...take a few adjournments for it .............change the direction of force...


But bare denial would cause to draw adverse inference.


Are they drawing any conclusions to extrapolate? (shoot interrogatory and cross questions in writing and invoke subject matter expert opinion.)


Judges asks 'what's the difficulty you have to show your past IT returns if you are salaried?'

This is a trap!!



Your wife may extrapolate from your academic records!!!! also that you should have been in MIT/Harvard by now....



Do Ask........................... For what purpose it is to be saught.??


It's amply clear from many people's plight that, Judges find avenues to come to discretionary areas and pretexts. Don't allow them any such free space.



Fight it strongly that extrapolation is extraneous and erroneous in todays era of cyclic recessions, your age, compitition, new skills in market  etc.




It's not the opinion of the Judge to conclude your capability.

Boldly just ask the judge to 'give me a job ...then I will pay from it'.


maint on erroneous conclusion would prejudice you to comply to task beyond your means which would be injustice.


(This is an area where you and your lawyer need to be very strong while arguments and submit written arguments and ensure that you scream a lot before submitting such docs!!! and Relevancy of evidence....say again and again that it irrelevant and shoot cross objection about relevancy to 'Notice to produce docuemnt' filed by wife. )


Irrelevent facts can't be used to baseline or to form any opinion (use citations)


Donation seekers would always make you a billionaire on papers scandalously  and squeeze out money from you by 'order/decre' which becomes binding laterwards and unless you pay arrears you can't even appeal/revise/review it.


Your plea should be like ...........It may create prejudice against you although it is not your current capacity to earn (differenciate between capability and capacity) Tell them that you wish... you had been appointed as a CEO, but nobody wants to use your real potential!! may be there is more supply than demand!!and you may deny it in writing and have a debate on it.



BEWARE of the upcomming storm!!!



1 Like

VictimOfBiasLaw (Professional)     25 January 2011

past IT return will impact on maintainance in crpc-125. ?

when i married my IT retun was more but when my wife filed case at that time and also today , my IT return is less.

my wife has produced my bank statement in which my past  IT-return amount is there but it is before she put case (but after marriage ).

MY Questions:

1. past IT return will impact on maintainance in crpc-125. ?

2. is it big advantage to my wife for crpc-125 ?

3. wil court calculate my income from this and simply grant 1/3 rd of this as maintainence ?

4. as many members are saying maintainence is depend on status of wife and husband.

here what is status mean ? ,

my wife is educated and not working , her parent have their own bunglow.

i am from middle class family , staying seperate from my parents and don't have any propery ,no house , no child..


niranjan (civil practice)     25 January 2011

The opposite party can obtain true copy from the IT deptt.

Jamai Of Law (propra)     25 January 2011

Reducing income ...revealed..........through IT returns...Why do we miss this important pattern?



And wife's income increased day by day (do you have her IT returns??)!!!



Why do we miss this to project forcefully? It suggests exactly that income is reducing day by day!!!



Showcase it as a proof...of decaying of your skills ...and hence no maintenance



And be happy  (I am cursing myself why didn't I strike this early a few months back!!! This is a sign of decaying IQ as well ...............which causes to earn less!!)

VictimOfBiasLaw (Professional)     26 January 2011


yes , this is correct IT return , but in 2008-09 my IT retun is more and after that my IT return amount is very less as i am getting less salary.


My Q is , will court also consider my Past IT return which is more and increase maintainence amount


court will only concern with my current IT retrun / ignoring my past IT return ( salary )

Naresh (In search of job)     26 January 2011


Dear Arup Sir,


You are saying that maintenance of past is to be paid!!!


Though, we are separated from the past 5 years(since 2006), but she filed maintenance case only in 2009, seeking maintenance from 2006. Will it be allowed?


If it is allowed, then at what rate it may be awarded? for the past 1 year I have been jobless, but studying regular MBA course. In this case, will the court not consider my joblessness, while awarding the rate of maintenance.


Please help sir.



manjit kalra (system eng)     26 January 2011

how she maintained herself from 2006-2009? very important

is she earning?if yes get proofs

if u are not in a regular job this favours u but discretionary part plays major role and how u present ur case.

maintenance from day of application is allowed in sec 24 or sometimes even date of order not retrograde.

hire a very expert lawyer , u have a good case.

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