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Hello everyone unfortunately my wife still trying for evidence creation against me for dv ,498, and stridhan case despite myself trying to make her understand to join d family.. understand relations and live happily with us...she is uttering separation words it now seems divorce is inevitable...mostly after pregnancy gets over...it can be mutual...but if she still tries to make me accept her terms post delivery...i dont have any option other than contested divorce on cruelty.. My question is as i m unsure whether it would be ailmony or maintenance( in case of contested)......how to show low netincome on bank statement....or how to increase legal and statutory liabilities other than maintaining my parents?
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There is a latest judgment of the supreme court wherein bith the parties have to file an income declaration affidavit. You cannot show low net income unless you have various dependencies ie parents property children whether she is employed or not.
Hi, the maintenance application is filed u/s 125 crpc by wife under which she can claim 1/3th of husband salary..However,we can contest the petition on certain grounds ...If she is working or if she has without any reason refused to carry on with her matrimonial life , under such grounds she is not entitled for maintenance...
1) your wife can ask you to produce your salary slips , bank statements
2) court considers your net income after taxes in determining maintenance or alimony
3) you can ask your employer to deduct more for provident funds contribution
Take some bank loan and medical insurance for EMI and monthly premium payment. This will show your financial burden increased.
Increase PF deductions.
Take some insurance or some investment plan for child education or daughter's marriage . This are now made available by many finance company.
1. You can not show low income in your bank statement since all the payments shall be recorded therein.
2. You can purchase a dwelling house/flat paying EMIs which will be deducted from your monthly income reducing it substantially.
3. Before buying the new flat, you shall have to make sure that you have no dwelling house/flat to live in.
- If she is not interested to continue with you , then both can file a joint petition for mutual divorce before the family court after settle the matter of alimony/maintenance.
- But , if she not agree for the same , then you can file a divorce petition on the ground of cruelty and other grounds.
- If you are doing job , then legally you cannot conceal the details of your income .
- However, you can show the burden of parents , emi , etc for decreasing the amount of alimony.
Hi, as per yesterday Supreme Court Judgment, you can't misrepresent the Court. As per new rule, both the parties has to file an affidavit stating there assets and liabilities and on the basis of that affidavit the maintenance has fixed by the Court. So you can't avoid it. the following directions has issued by the Supreme Court.
In view of the foregoing discussion as contained in Part B – I to V of this judgment, we deem it appropriate to pass the following directions in exercise of our powers under Article 142 of the Constitution of India :
(a) Issue of overlapping jurisdiction
To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, it has become necessary to issue directions in this regard, so that there is uniformity in the practice followed by the Family Courts/District Courts/Magistrate Courts throughout the country. We direct that:
(i) where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or set-off, of the amount awarded in the previous proceeding/s, while determining whether any further amount is to be awarded in the subsequent proceeding;
(ii) it is made mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding;
(iii) if the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding.
(b) Payment of Interim Maintenance
The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of this judgment, as may be applicable, shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrates Court, as the case may be, throughout the country.
(c) Criteria for determining the quantum of maintenance
For determining the quantum of maintenance payable to an applicant, the Court shall take into account the criteria enumerated in Part B – III of the judgment.
The aforesaid factors are however not exhaustive, and the concerned Court may exercise its discretion to consider any other factor/s which may be necessary or of relevance in the facts and circumstances of a case.
(d) Date from which maintenance is to be awarded
We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance, as held in Part B – IV above.
(e) Enforcement / Execution of orders of maintenance
For enforcement / execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly Sections 51, 55, 58, 60 r.w. Order XXI.
Before we part with this judgment, we note our appreciation of the valuable assistance provided by the Ld. Amici Curiae Ms. Anitha Shenoy and Mr. Gopal Sankaranarayanan, Senior Advocates in this case.
A copy of this judgment be communicated by the Secretary General of this Court, to the Registrars of all High Courts, who would in turn circulate it to all the District Courts in the States. It shall be displayed on the website of all District Courts / Family Courts / Courts of Judicial Magistrates for awareness and implementation.
Even if you show low income your income tax return and other evidence can go against you. It's better to object the application on merits
You canot hide the facts of your income whether it is salary income or income from other sources especially if you are required to provide the bank statements or salary slip or income tax returns.
What do you mean by low income, you mean to say to add liabilities to your income?
You must understand the fact that the court will not consider any trick or mischief played by you in this regard because the court will consider only the statutory deductions to remove them from the gross pay, and all other sundry or petty deductions would be included in your income, you cannot hide the facts before court if you submit the income proof before court.
I m planning to buy home on home loan ...emi around 1 lakh per month..before divorce application...I would like to know... 1) can she claim anything in that home? 2) if she can ...how to avoid dat claim...naming property in name of parents..me as guaranteed..would dat help 3 ) I believe if I have to go for contested divorce...it would reduce my maintenance.. But if she gets ready for mutual consent divorce...will that affect ailmony? Please help
Yes sure always contested divorce.
Wife does not have any right to husband's property during life time of husband and for divorced wife never.
Wife can claim right to stay in flat bought by you in your name or that of parents
2) it would not help you in reducing maintenance
3) MCD is best option
4) alimony amount has to be decided mutually by parties in MCD
1. She cannot claim any share in your house property or any other movable asset either during the subsistence of the marriage or after the dissolution of your marriage by a decree of divorce, as a right at least not during your lifetime.
2. There wont be a necessity that may arise in the manner you think, she do not have any rights.
3. It may be your understanding, but the law will be differnt, you may have to challenge her maintenance case properly in order to reduce or to repudiate her maintenance claim.
1. No. She can claim to stay with you at the place where you are staying as your wife till she is divorced.
2. If you pay EMI, the property shall have to be in your name.
3. Go for contested divorce on the ground of cruelty.
My opinion on your queries are as under:-
1. No, She cannot, however she may claim the right to residence in your home which will be considered as her matrimonial home.
2. Property can be purchased by the parents then she cannot claim even any residence order until and unless she resides there.
3. 1/3 of your income can be granted to her as maintenance if she is unable to maintain herself and after considering all the facts and circumstances of the matter, the court may grant the maintenance.
Read the judgment on the below-mentioned link
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