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Alimony or maintenance amount


16-Oct-2024 (In Divorce Law)
Hi, Will court ask parents of husband to file tax returns too apart from the husband tax returns in deciding maintenance or alimony amount? Thanks
Answers (5)

Answer #1
651 votes
No, because wife is responsibility of her husband but if there is any ancestral business or etc then you can file an application and ask the same or related documents. if you want to discuss more about your case and want take more suggestions then you can contact me over phone.
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Answer #2
553 votes
hi this side Gourav Sharma Advocate from from Delhi High Court and I have read your query regarding your case and there are lots of judgments regarding your case court also asked you have filed the ITR or not income affidavit along with ITR form also show in the case
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Answer #3
745 votes
No, parents of husband are not bound to file the ITR, as per Rajnish vs Neha only husband income and his ancestral wealth is seen for deciding the quantum of maintenance. Further, if wife is highly qualified and has potential to earn then chances of getting maintenance is bleak for her
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Answer #4
995 votes
Dear sir, I'm dealing with a similar case as yours, where it was beneficial for us when we filed the ITR of parents of the husband in a maintenance case, as the parents did not have any source of money and were dependent upon the husband, which turned out to be fruitful for us and the Hon'ble Court rejected the interim maintenance claim of the wife. You may consult me in that regard.
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Answer #5
895 votes
yes.. as per the guidelines laid down by Hon'ble supreme court of india in a case titled rajneesh versus Neha both the parties have to file their respective assets and liabilities including ITR returns while filling their respective income and assets affidavit. if any of the parties mislead the Hon'ble court by concealing the facts or documents other party is at liberty to proceed against the defaulting party by filling an application u/s 340 CRPC.
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