• Income Affidavit in relation with School Fees.

I am an innocent Husband and working as a Professor in U.P. I filed a complaint of my Brother in Law in the Ministry of Defense for showing his Post power on me and my family. 

Moreover, there is another issue that my wife had made fake Schedule caste certificate to get the Govt. job which we found one month prior to the Case i.e. in Nov. 2018.


1. My wife filed a Domestic Violence Case filed in Dec. 2018 in Delhi along with Divorce.
2. The wife is a govt. an employee earning Rs. 75000/- and myself a Visiting Professor earning Rs. 30000/-.
3. The wife took kids in Nov. 2018 to her Parental residence and kids are studying in nearby School since April 2019 unlawfully.
4. There was a Court Order 27 Mar. 2019 to direct the father to sign on TC Form which I objected to and filed an appeal in Session Court which under pending. The next date is in Oct. 2020.

My Question is related to Income affidavit supporting documents.
5. I was asked in Mar. 2019 to submit Income affidavit which I did. But, I didn't submit the Bank statement and ITR.
6. In Oct. 2019 (after submitting my Income affidavit on Mar. 2019), I had purchase one room set for myself on a Home loan where the downpayment was done by my sister (she is not the part of the case).

Point to note:
# Yesterday 27Jan. 2020, Petitioner's (wife) Counsel indicated that I (myself, Husband) had not submitted the above document. Then, the Judge asked both i.e. me and my wife to submit those supporting documents like Bank Statement and ITR.

# Now Judge given the next date on 10 July 2020 to final the School fees payment towards me. Until now my wife is paying all the fees.

Please consider before answering that my Wife is earning Rs. 90000/- and I am earning Rs. 30000/-. I am willing to pay the School fees as per my Salary or on a 50:50 basis.

Please guide what to do:
1. I wish to submit support documents i.e. Bank Statement and ITR until Mar. 2019. Can I do it as the Petition's Counsel has only indicated that too submit?
2. Can I avoid my recent purchase of 1 room set house or do I need to show as I want to stand still on my Income affidavit until Mar. 2019?
3. If yes to show my recent 1 room set the property in assets, then what is the advantage of showing such assets where my Home is loan is running? How can I avoid it?
4. My 2019-20 ITR is not ready, I don't wish to show this Property?
5. Does showing Home loan EMI deduction will affect in School fees towards me?
6. Does my wife has a right on this purchased property after deserting me in Nov. 2018?

Please answer by referring to each question if possible. You can contact me as well if you find the case suitable.
Asked 11 days ago in Family Law
Religion: Hindu

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26 Answers

1. At the time of hearing you submit all those documents which would support your case. You need not submit which would support your wife, whether her lawyer wants it or not.

2.There is no need to do show this.

3.same as above.

4. Do not show.

5.No

6. Wife has no share in the property of husband but she has a right of residence therein. 

Devajyoti Barman
Advocate, Kolkata
20197 Answers
286 Consultations

5.0 on 5.0

- As per law, in case the wife is equally capable to work and sustain herself then she is not entitled to claim maintenance from her husband.

- Further, Supreme Court declared in a case of  Rosy Jacob versus  Jacob A. Chakramakkal, (1973) 1 SCC 840., that wife having a school of her own and possessing wet lands is in a better financial position than husband who is not doing well in his profession and has no land. Hence, it is unnecessary to pay any maintenance to the wife, 

- Further, Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386. , declared that , Wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances, 

- Further, No Interim/Maintenance for Capable,Working Women , as per judgement passed by Madhya Pradesh High Court , (INDORE BENCH) Civil Revision No. 1290/99 Decided On: 24.03.2000, Appellants: Smt. Mamta Jaiswal Vs. Respondent: Rajesh Jaiswal, Hon’ble Judges:J.G. Chitre, J. Acts/Rules/Orders:Hindu Marriage Act

- Further, if the husband is not having any source of income , then a husband can claim maintenance from his wife under section 24 of Hindu Marriage Act.

1. Yes as per direction you both have to submit the income details 

2.  Since, the down payment was done by your sister , hence you can hide this from the court. 

- However ,as emi is deducting from your income , hence you cannot hide the same from the court ,and deduction of emi would be an advantage for you in the case . 

3. as no.2

4.If you will not show this property , then she can lodge a complaint under section 340 crpc against you for giving false affidavit before the court. 

5. Yes

6. No, A wife is not having any right over her husband property during his life time ,whether the property is self acquired or ancestral. 

 

I am from Delhi , via kaanoon.com you can connect me. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

1. You can submit the copies of the documents you proposed to file before court on 10th July. 

2. The income affidavit was required to be filed as per the status of your income on that date, hence you maintain that alone even at this stage. 

3. You have been advised not to reveal the latest acquisition of property. 

4. Read the above answer. 

5. Same as above. 

6. She has no rights on your property even if she is residing together with you. 

If you want to consult more on this you may consult an advocate of this forum directly through this forum. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

It is a family matter under Family Court Law has liberated to spouse adopt easy and secure ways of settlement between husband and wife. Pl follow my answer  to your question No 1 to 6 here to as under  -

 

1- I answer in affirmative to question No 1.

2- No harm you may choose either of it.

3-You need not to avoid it. You are asked to show your income proof not details of property. 

4- CBDT has extended the period to file ITR 2018 2019 to 31st July2020 .You may hold ITR 2019 and 2020 for next couple of months. 

5- Yes ,Definitely. 

6-Yes she has until nullification of your marriage by a competent court of law.

 

Ramesh Pandey
Advocate, Mumbai
514 Answers
1 Consultation

5.0 on 5.0

1  yes. 

2. You need to stand still it will be better

3. It's better not to show it. If you show that it will enhance your maintenance. 

5. It may

6. She may claim alimony from that flat till divorce

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

Submit bank statements and ITR till 2019 . If court directs then you ha e to submit for current year also 

 

2) you cannot suppress purchase of flat by you 

 

3) you should transfer flat to sister with bank consent 

 

4) wife  can seek right to stay in matrimonial home 

5) seek injunction restraining sale of property by you 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

1. If you will submit till march 2019 than again court will ask for update ITr....so file complete. 

2. You can show this purchase and mention that you also have burden of emi.

3. EMI burden will go in your favour.

4. Ok.

5. May be. Depends on judge.

6. No.

 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

you should file all the documents which the court has ordered. Your salary isbway less than her and she is also a permanent employee.

If you are paying emi on it then you have to show it. Show this property. It is not something which is very big. Moreover she is earning way more than you. She is not entitled to maintenance. 

File a habeas corpus petition in the high court for illegally detaining your children.

If she has obtained a false certificate then inform the department about her misdeeds.

She doesn't have any rights over the property.

Yes you will benefit from the emi shown.

 

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

There is nothing wrong or unfavorable by showing your assets and income. Hiding these may reflect a bad intentions. 

When your wife is earning she is also legally bound to bear substantial portion of your child welfare, not only school fee but other expenditures also. 

Home loan EMI will certainly help to reduce your net home take salary and maintenance amount based on this. 

Your wife shall never have any right to your property during your lifetime. 

Further note that it is not only husband to pay maintenance to wife but wife is also liable to pay maintenance to husband if she is more wealthy than her husband. 

 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

Dear Sir/Madam,

You may submit the ITR till Mar 19 and evade the facts of purchase of 01 room set, but better to show it and claim the liability of home loan. The school fees are taken as mandatory but talk to your working advocate also as to get some trick because he has ultimately put the things to court.  

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

1. yes you can submit bank statement and itr. 

2. it is better to show it. 

3. you have to show EMI loan details . 

4.it would not  affect

5.Wife cannot claim the ownership rights in the property, she can only claim the rights of residence. 

 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. Since the court has directed you to file the documents you should file those.

2. You should mention about the property purchased recently by you. If this is discovered by the court later on then you can be proceeded against for suppression of material facts.

3. Surely the ITR which is not filed cannot be produced in the court. Hence, you can file the past 3 ITRs.

4. Home loan is a liability and should be mentioned.

5. She has no share in the property purchased by you, albeit she has the right to reside in it.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. Yes you can submit the documents on next date of hearing and also insist that your wife should also submit the same documents. 

2. It will be better if you disclose the purchase and you can also wait until other party find out about this purchase. 

3. No EMIs will not affect your liability to pay school fees of your child. 

4. Yes but only in case you chose not to pay maintenance ordered by court. 

 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

1) You can submit.

2) No, you need to give details. 

3) You can claim deduction of Home loan and net income can be shown, based on which your liability can come down.

4) Wait for orders from court

5) Yes, your net salary will be taken into consideration, if you have liability, it will have positive effect on your case.

6) No.

 

S Srinivasa Prasad
Advocate, Hyderabad
2291 Answers
7 Consultations

5.0 on 5.0

Your lawyer is absolutely correct 

 

2) alimony depends upon your income , wife income etc 

 

3) you should not buy house during pendency of DV case as wife can seek injunction restraining sale of property by you 

 

4) there is no bar to purchase of property during pendency of DV case 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

The provision of law is very clear that she cannot claim any share in your proeprty whether she remains your wife or divorced, at least not during your lifetime hence there is no necessity for a supreme court judgement in this regard.

Such claims will not be entertained in the trial court itself hence you may not find any citation from the top court confirming the position o f law.

 

 

Your advocate is not guiding you properly.

The bank statement will not contain the proeprty details.

Even if you reflect the entry of property purchase in the ITR, that has nothing to do with her claim for a share in that property.

The property purchased out of your own money shall be your own and absolute property in which nobody has any claim for a share as a right at least not during  your lifetime.

 

 

 

1. If your wife is a government employee and drawing a handsome salary, then you can produce documentary evidences to prove the same and reject her claim for maintenance.

As far as property is concerned she do not have any rights to claim any share out of the property.

4. There is nothing illegal about purchasing an asset during the pendency of a divorce case or a DV case, they are not interconnected with each other neither there is any restrictions in law on this purchase.

 

5. No. See the above answer.

6. Court has got no authority to ask such questions as you have imagined.

Court will be confined only to the case before it and not beyond that.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

Dear Sir,

The things said by your advocate is correct. Your wife can't ask alimony on that property rather on the basis of the property and earning capacities of both the parties. Acquiring any property/house during court case is not bad at all. The court does not ask silly questions and you are suggested to prepare your version of case strongly. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

Alimony is a lump sum amount to the wife. It is not granted on property. She is not entitled to maintenance and alimony as she is a government servant.

I think you didn't tell the truth the first time and hence the problem. The court may book you for perjury. Therefore you  should inform the court about the property.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

No ,your wife will be considered for alimony based on your and her income. 

No ,it is not incorrect to buy house while having divorce petition and Domestic Violence case.

No, you need to file ITR last filed.

No, Court has no right to ask you why have you purchased property during pendency of divorce or violence Case.

Ramesh Pandey
Advocate, Mumbai
514 Answers
1 Consultation

5.0 on 5.0

Yes, your Advocate is correct.

1) Alimony is a concept which depends on various factors, one of the factors is that the earning capacity of both the parties will be taken into consideration.  If there is substantial difference between the income of wife with that of husband, then the alimony will be substantially reduced / disallowed (in your case, she is drawing three times more than your salary)

4) Not advisable.  She may seek injunction seeking stay on sale / creating mortgage etc.

5) As directed by court, you need to present the papers.

6) No.  Court will not interfere in your personal matters. 

S Srinivasa Prasad
Advocate, Hyderabad
2291 Answers
7 Consultations

5.0 on 5.0

No.  Working wife that too in govt is not entitled to any maintenance. 

If lower court passes any order,  challenge it in high court,  there are lots of judgements by SC and HCs denying maintenance to working and/or educated woman. 

What your lawyer saying is that maintenance can be secured by making a charge to your property. This is  provided in HMA. But your case is different. So no need to worry. 

Do not hide anything in court.  Always be with clean hands.  

By hiding you can not gain anything. 

Defend maintenance order on the ground as mentioned above. 

Engage good lawyer. Cite supreme court and high court judgements where maintenance denied to working woman.  

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

Anyone can demand alimony at the time of divorce. But you can always fight the case.If she has lived with you for several years then only she will be granted any alimony. 

The wife has no rights in her husband's properties but it is better dont buy during pendency of dv. 

 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. No , your wife cannot demands alimony on your property legally. 

- You should submit proof her income satisfactorily before the court , if her income is more than you. 

4. May be, as she can claim residential right from you , but not share in the property. 

5.  Not mandatory to ask for a new affidavit , as you have purchased the property after submitting the affidavit in the court. 

6. No , court cannot ask such question legally . 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

1. Alimony and property are not related to each other. 

2. Yes, why not.

3. Yes

4. 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

1. She can't. 

5. It's better not to

6. That's why it's not a good idea to purchase. 

There is no law to claim 50 percent property of husband

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

1. No judgment is required when there is no right vested in her under a statutory provision to claim a share in the property of her husband.

2. If you have not filed the latest statement the court can direct you to file the latest statement.

3. Alimony is not demanded on property but a charge can be created against the property.

4. It is not 'incorrect' to buy a house during pendency of case.

 

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

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