• Maintenance revision

Interim Maintenance has been ordered in Domestic Violence case & also in family court. Wife has yet to get cross examined in DV. 
My question is if I join a better paying job now, what are implications of not disclosing new salary in both the courts? Earlier, I had furnished all genuine salary documents in both the courts.
Asked 9 years ago in Family Law
Religion: Hindu

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7 Answers

1) never suppress material facts from court

2) you should not make any false statement on oath

3) Section 193. IPC Punishment for false evidence: Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you do not disclose then the onus to prove your salary will fall squarely on your wife. Unless there is a specific order by the court, whereby and whereunder you are told to disclose the salary, you are unbound to do it.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You have already disclosed your income before the Court based on which interim maintenance has already been ordered to be paid by you.

2. The Court has not asked you to furnish your income afresh.

3. You are not required to up date the Court periodically about your income.

4. Your wife can file a petition for enhancing her maintenance amount and at time if the Court asks you about your income, you should disclose the fact.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

There is nothing wrong in not disclosing the new employment or the hike in your salary due to new employment.

If she is interested to get enhanced maintenance amount, she has to apply for it before court seeking enhancement considering your progress in your employment status by providing documentary evidences to prove her case.

You can simply sit tight until then.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Enter into MOU with wife

The terms of settlement should be mentioned

That wife shall with draw DV case and shall not claim any maintenance amount

Then make application for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Even if you prove cruelty of your wife in the divorce case, you will finally get decree of divorce only.

2. So, why not accept the proposal of MCD offered by your wife without claiming any settlement amount?

3. You both can jointly file a petition before the Court hearing your Divorce petition praying for converting the said divorce case to MCD case reserving your liberty to further convert it to divorce case and continue from the stage where it was converted to MCD case, if she fails to attend the 2nd motion.

4. As per the above, you shall have to win win situation.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If she is willing to settle the issue out o court, you may ask her to withdraw ll the pending cases against you before filing the divorce petition on the grounds of mutual consent.

In the joint petition for divorce under mutual consent, it may be clearly mentioned that there is no demand for maintenance or alimony and she will not claim the same in future too.

Such pleading shall be a precaution in case she is resorting to any such claim in the future

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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