Wife hid her wealthy family status in applying for maintenance

759 votes

Dear client, based on your question the assets of the spouse will be considered at the time of making an affidavit, in which her parents'assets will not be counted as her's . This matter needs a detailed discussion for further details feel free to contact us.

Advocate Anish Palkar LawRato

751 votes

In cases of maintenance under Indian law, assets directly held in the name of the spouse are typically considered when determining the financial status for maintenance. If the assets, like company shares or other holdings, are in her parents’ names, they may not immediately be included in her affidavit of assets and liabilities. However, if there is substantial evidence that she has a beneficial interest or is intentionally hiding assets that she has access to or control over, you can bring this to the attention of the court. Under Section 125 of the Criminal Procedure Code (CrPC) and related laws for maintenance, courts look at the real income and assets of the spouse. One of the key rulings in this context is the Supreme Court case of Kusum Sharma vs Mahinder Kumar Sharma (2015), where the court laid down guidelines for parties in matrimonial disputes to file detailed affidavits, including all assets and liabilities. It was emphasized that full disclosure of financial status is necessary, and failure to disclose can lead to adverse inferences. To prove her hidden assets, you can take the following steps: Collect documentary evidence that demonstrates her indirect control over these assets (e.g., her involvement in her parents’ businesses, financial transactions, or family arrangements that benefit her). Request the court to allow detailed financial scrutiny, including an investigation into the financial structure of her family if there’s suspicion that the assets are being shielded. Highlight any lifestyle or expenditure that seems inconsistent with her declared assets and income, which can prompt the court to probe further. The court can investigate deeper into the matter if it believes that the affidavit does not reflect the true financial position of the party.

Advocate Rohan Venkatesh Yemul LawRato

631 votes

In divorce and maintenance proceedings in the Family Court, financial transparency is crucial. If your wife has hidden assets and shares in her parents' name, here are steps you can take: 1. Application for Financial Disclosure: File an application in the Family Court requesting full disclosure of her assets and liabilities. While the Civil Procedure Code (CPC) doesn’t directly apply, courts often rely on principles of discovery and inspection to ensure fairness. 2. Summoning Bank/Company Records: Under Section 10 of the Family Courts Act, 1984, you can ask the court to summon banks, companies, or financial institutions holding relevant records. If the court issues such summons, it can reveal whether assets are being held under her or her parents' names. 3. Interrogatories or Affidavit-based Disclosure: Submit a formal request to the court asking for specific questions (interrogatories) or an order directing her to disclose any assets transferred or held through her family. Concealing such information could lead the court to take an adverse view of her claims. 4. Present Evidence and Contributions: Demonstrate your financial burden and the fact that you are the sole breadwinner supporting your parents. This can strengthen your case for a lower maintenance obligation, especially if your wife’s financial status is found to be misrepresented. These steps will help you expose any concealed assets, ensuring the court takes them into account while deciding on maintenance and liabilities.

Advocate Mrunmayi Kotawadekar LawRato

759 votes

I the respondent in the above-mentioned matter, respectfully submit my reply to the maintenance application filed by the petitioner, [Wife's Name], and her affidavit of assets and liabilities. I wish to bring the following points to the notice of this Hon'ble Court: 1. Incorrect Disclosure of Assets and Liabilities: The petitioner, [Wife's Name], has filed an affidavit of assets and liabilities in support of her maintenance claim, but I submit that she has failed to disclose material information regarding her financial status and her beneficial interest in her family’s assets. The petitioner’s family possesses significant assets and wealth, including company shares, investments, and real estate worth over Rs. 20 Crores, which are currently held in the name of her parents. Despite these facts, the petitioner has chosen to omit this information, presenting a misleading portrayal of her financial situation. 2. Petitioner's Financial Interest in Family Wealth: While the petitioner may claim that the assets, including company shares, are not in her name, it is crucial to note that she is a direct beneficiary of her parents' substantial wealth. The petitioner enjoys the benefits of these assets, including income from the family business and financial support from her parents. It is evident that she has a beneficial interest in these assets, even if they are not directly in her name at this moment. Under established legal principles, the Court must consider the true financial standing of the parties, including indirect access to family wealth, when deciding on maintenance. 3. Supporting Parents and Being the Sole Breadwinner: I am the sole breadwinner of my family, supporting both my elderly parents who are dependent on me for their day-to-day living and medical expenses. This fact should also be considered by the Hon'ble Court when determining the amount of maintenance, as my financial obligations extend beyond myself and my wife. The petitioner, despite having access to substantial family assets and financial support, is attempting to unfairly burden me with an excessive maintenance claim that does not reflect her true financial standing. 4. Request for Inquiry and Disclosure of Family Assets: In light of the above, I humbly request this Hon'ble Court to: Direct the petitioner to provide a full and accurate disclosure of all family assets in which she has a beneficial interest, including her access to her parents’ company shares, properties, and other financial resources. Conduct an inquiry into the financial status of the petitioner’s family to assess the true extent of her financial resources, as these have a direct bearing on her claim for maintenance. 5. Reduction of Maintenance Claim: Given my financial obligations towards my dependent parents and my limited resources as a sole breadwinner, I respectfully request that this Hon'ble Court reduce the maintenance amount sought by the petitioner. The petitioner's actual financial resources, including her access to

Advocate Kiran Ashok Gangurde LawRato

673 votes

Her Hidden Assets and Liabilities can be shown via filing an Application in Court to compel her to submit an Affidavit before Court to put her Statement of Assets and Liabilities and Statement of Income and Expenses along with Income she receives from assets of family to assist yourself from paying Maintenance to your Wife. You can seek the assistance of Court Judgement - Rajneesh Versus Neha.

Advocate Pankaj Bajaj LawRato