court can on wife application call upon you to disclose list of investments made in shares , debentures , fixed deposits
2) if you refuse court can draw adverse inference
3) do not make false statements on oath
Wife have claimed husband has invested huge money in different shares and debuntures. She has no proof but just made this statement. In reality husband has lot of investments in shares of various companies. Can husband deny this claim of wife in court and does not show his investments in shares of companies. Husband does not want to show these investments. Is there any possibility of opposite party or her advocate to find out the this investments and submit in court ?? What is the purpose of making this statements/claim. Is there any benefit in long run. Please give some details of this claims.
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court can on wife application call upon you to disclose list of investments made in shares , debentures , fixed deposits
2) if you refuse court can draw adverse inference
3) do not make false statements on oath
What is the need to deny. Onus is on wife to first prove investment than onus shift on husband to refute her claim. Husband reply to this point - NO. But in cross examination - husband can be cross examined about investment. If lied he can be prosecuted for perjury.
Investment detail if procure illegally, police complaint can be file but such evidence admissible in evidence.
See you have to submit your income details on affidavit before court. If they find you ITR and you deny same so the investments shown in same can be used against you.
See wife can claim maintenance based on your income showing you investment she will exaggerate her claim.
- Claiming by the wife, is not enough for the evaluation of the income or investment of husband, she will have to produce the evidence in support of her claim.
- But, a wife is entitled to know the details of salary & investment of her husband, if she is claiming maintenance/alimony from the husband.
- As per law, a wife is entitled to one third of her husbands income , but the income will be calculated after deducting all the burdens of husband , like emi, parents care , household expenditure etc
Yes, her lawyer can claim expert report by civil record and in cibil records can find how many demat accounts husband has and what are the investment in shares, mutual funds and options.
Making this type of claims to demand huge alimony or one time maintenance amount.
Yes you need to first ask the court to direct him to produce the details of the investment and if he produces false information then you can counter with true info
1) Submit Income Details before the court.
2)d submit false details, person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC.
Dear Sir,
Your wife,s advocate can claim expert report by civil record and in cibil records can find how many demat accounts husband has and what are the investment in shares, mutual funds and options. Making this type of claims to demand huge alimony or one time maintenance amount.
If the wife is making such statements before court then it becomes her duty to prove the same, if she is unable to prove the same then her statements will not attach any importance to her pleadings.
She might have made this statement to mention that the husband is having a huge wealth by way of such investment in order to seek enhanced quantum in the maintenance application.
The husband can very well deny such investment or her claim and may shift the burden to prove the same, on her
1. Yes he can deny the claim but at same time he will be bound to disclose the investment if court orders to disclose his assets.
2. Yes they can use their sources to get details of your investments.
3. You can face problems if court find that you have given false statements in court as court can register case against you for giving false statement in court.
1. Wife has to prove her claim. One who comes to court has to stand on his own feet and build his case.
2. The possibility of them discovering the investments made by husband cannot be ruled out.
3. The purpose is to get a huge fat maintenance.
Ans:
If you on purpose do not show the documents pertaining to your investments, whereas in reality you have invested in these shares and debentures etc, it would amount to perjury. Court can hold you liable for the same. If your wife is aware that you have such investments, then you refute those claims, let her take necessary steps for bringing a copy of those claims before the court.
wife has filed for divorce. If husband agrees for divorce then court will only decide the alimony. Husband has a flat in wife's city where wife has an eye on. She has mentioned about the flat in her chief affidavit. In unofficial discussions she has asked for the flat. Now if husband agrees for divorce can court order handing over the flat to wife as alimony even though husband does not want. Please clarify. Husband willing to give money but not the flat.
Husband is absolute owner of the property court cannot.handover the flat without consent court may though pass an order for alimony amount.
In contested divorce, if husband agrees for diovrce still court will decide on merit or inform parties to apply for mutual consent divorce.
Alimony will decide in separate petition. Court will order only alimony, wife has no right in husband property. If you unable to pay alimony than court may grant share in flat.
The house property is not a compensation for alimony.
The court cannot pass any such orders.
If she applies for maintenance the will consider the same on the basis of documentary evidence evidence submitted by her to prove her claim that too in terms of money alone and not in terms of material.
Don't be worried about imagining such irrelevant concepts.
Alimony to be awarded is at discretion of court . it depends on your income, years of marriage, life style of husband etc.
such there is no mathematical formula to calculate the amount of alimony which may be granted by court to wife.
No court can't give ownership rights. Only can order monetary alimony. Only if you are not giving her residence rights or alternative residence then court can order the same to give her residence right in your property
Dear Sir,
According to Indian Law, The wife is not entitled to husband’s property after a divorce. If the wife is not independent then the husband has to pay her the alimony. In the case of Alimony, the court decides the amount of alimony which depends upon many factors like the income of another partner, the standard of living, the number of kids they have. After the divorce, the wife is entitled to the maintenance till the time she gets re-married.
The only conditions where you will not be required to pay maintenance are
Marriage consummated or not cannot be ground to avoid maintenance.