I have filed a maintenance case against my husband. I have 2 children under 18 years of age. There were four witnesses related to the case under section 125 which I have filed against my husband. All witnesses explained everything the court. Now the Judge is asking me to provide evidence that my husband is doing government job. I am no longer living with him I am living in Bihar and my husband is a government madarsa teacher under Uttar pradesh govt. Practically its not possible for me as no one will tell me about his salary and evidences related his govt job and salary which I can produce in the court. My query is ... Can I file a petition in the court under section 106 of Indian evidence act 1872. When I told my lawyer to file such petition u/s 106 of Indian evidence act , the advocate said , such laws are not functional ... What are the legal steps by which I can go for declearing salary of my husband?
1. Your lawyer is right. No such application can be filed in court.
2.There is nothing to worry though. You can mention any imaginary figure in your petition for maintenance.
3. Once you do that the burden will lie on your husband to disprove the said figure , may be by placing proof of his income.
4. If husband does not disclose his actual income the court may take adverse presumption and take into account a probable income as mentioned in the petition.
engage a detective agency and gather evidence about husband employment
2) you can file petition under section 106 of indian evidence act
3)Section 106 of the Indian Evidence Act specifically casts the burden of proof of the income on the husband since the relevant facts relating to his income cannot be within the specific knowledge of the wife.
Upon the failure of the husband to disclose his true income without good reasons, the Courts normally draw a presumption against him and accept the allegations of the wife as to the income of the husband.
I talked to a detective agency , they said as he is in govt service you can directly file a petition in the court to decleare his income. The person in detective agency said "as a matter of fact there is no role of detective agency in this as your husband is doing government job, he will not leave his job if you file petition. It is very easy for a judge to find out the facts if facts exist. Now, plz suggest me , what should be the format of petition . My husbands present salary is 55000 per month. He manages all advocate include mine as well( i replaced that advocate) . He is very influential. Plzz suggest me something by which he has to decleare his own income in the court. Without courts intervention , he will be alwayd atlarge , he will never appear in the court.
There are number of judgments wherein courts have held that application can be filed under section106 of evidence act and court can direct husband to file affidavit disclosing his true income
When I told my lawyer to file such petition u/s 106 of Indian evidence act , the advocate said , such laws are not functional ...
What are the legal steps by which I can go for declearing salary of my husband?
If you are knowing the designation and address of his employer, you may ask your advocate to file a petition under section 91 cr.p.c. seeking the court to direct the employer to produce his employment and salary details including his salary slip, if any.
He is very influential. Plzz suggest me something by which he has to decleare his own income in the court. Without courts intervention , he will be alwayd atlarge , he will never appear in the court.
If your husband is a government employee then it will be very easy for you to get the details of your husband's employment and his salary income.
You can file a petition under section 91 cr.p.c,. to get the details to be produced before court to establish his income for grant of maintenance.