• Maintenance from husband

i have filled for the maintenance from my husband and in the 1st hearing my husbands lawyer told that  prently he is not working .. but we know that my husband is an bank emplyee and just avoid the maintaince they have told that he is not working ... since its an private organization i presonally cant go ask for his payslip so is there any way by which we can prove that he is  working
Asked 2 years ago in Family Law from Dabra, Madhya Pradesh
Religion: Hindu
that you can request through court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
he can not escape maintenance
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You should request the court to summon the bank  with his salary certificate where he is working.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) contact a detective agency gather evidence of his employment 

2) if you are  aware of the fact that you husband is bank employee you must be knowing name of bank and its branch too . 

3) apply to court to direct your husband to furnish his income tax returns for last 3 years . 

4) even if he is unemployed he has  to pay you maintenance
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
if you do not summon the bank and prove that he is earning good salary from bank then court will accept his version that he is not working and then may order him to pay a very nominal amount.Why do not you summon the bank officials through court so that you can get your legitimate amount of maintenance.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
File an application before the Court praying for a direction upon the Bank authority to submit  copies of his last 12 month's salary slips.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Dear Querist
No need to worry.  File an application for filing detail affidavit as per the direction of honble high court Delhi held in puneet kaur judgment . 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 79/2011

% Date of decision: 12th September, 2011

PUNEET KAUR ..... Petitioner Through : Mr. Ashok Chhabra with Mr. Sunjayjyoti Singh Paul,

Advs.

versus

INDERJIT SINGH SAWHNEY ..... Respondent Through : Respondent in person.

CORAM :-

THE HON'BLE MR. JUSTICE J.R. MIDHA

1. Whether Reporters of Local papers may YES be allowed to see the Judgment?

2. To be referred to the Reporter or not? YES

3. Whether the judgment should be YES reported in the Digest?

JUDGMENT (ORAL)

CM(M)No.79/2011 and CM No.1756/2011

1. The petitioner has challenged the order dated 26th

November, 2010 whereby her application for maintenance

under Section 24 of the Hindu Marriage Act was dismissed by

the learned Trial Court.

2. The petitioner claimed maintenance and litigation

expenses from her husband on the ground that she was unable

to maintain herself and her two children aged 13 and 16 years.

CM(M) No.79/2011 Page 1 of 12 The petitioner averred that she was not gainfully employed

and was receiving interest income of about `8,000/- to

`10,000/- per month from the investments whereas the

monthly expenses of the children were to the tune of `25,000/-

per month. The petitioner further averred that the respondent

was running the business of transport in the name of Bakshi

Transport Service and his income was more than `2,00,000/- to

`3,00,000/- per month.

3. The respondent contested the above application before

the learned Trial Court on the ground that the respondent was

unemployed and had no income. The respondent averred that

he was living like a pauper and had no money even for two

proper meals a day. He also stated that he had no shelter.

The respondent also alleged that the petitioner's annual

income was `3,00,000/- per month from three sources, namely

`1,00,000/- to `2,00,000/- per month from business, `60,000/-

per month from salary and `20,000/- per month from interest.

4. The learned Trial Court believed the respondent and held

that there was no material record to show that the respondent

had any income and, therefore, the petitioner's application was

dismissed.

CM(M) No.79/2011 Page 2 of 12

5. In Bharat Hegde v. Saroj Hegde, 140 (2007) DLT 16,

this Court laid down the following principles for fixing the

maintenance under Section 24 of the Hindu Marriage Act:-

"4. Right to maintenance is an incident of the status from an estate of matrimony. Interim maintenance has an element of alimony, which expression in its strict sense means allowance due to wife from husband on separation. It has its basis in social conditions in United Kingdoms under which a married woman was economically dependent and almost in a position of tutelage to the husband and was intended to secure justice to her.

5. Section 24 of the Hindu Marriage Act goes a step further inasmuch as it permits maintenance to be claimed by the husband even against the wife.

6. While considering a claim for interim maintenance, the court has to keep in mind the status of the parties, reasonable wants of the applicant, the income and property of the applicant. Conversely, requirements of the non applicant, the income and property of the non applicant and additionally the other family members to be maintained by the non applicant have to be taken into all. Whilst it is important to insure that the maintenance awarded to the applicant is sufficient to enable the applicant to live in somewhat the same degree of comfort as in the matrimonial home, but it should not be so exorbitant that the non applicant is unable to pay.

7. Maintenance awarded cannot be punitive. It should aid the applicant to live in a similar life style she/he enjoyed in the matrimonial home. It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.
Read full judgment on nadeemqureshi1.wordpress.com
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0

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