- 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.
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.