Husband understating his salary wants to claim maintenance

896 votes

Question: Respected Sir, We are under Hindu Marriage Act. My husband deserted me & filed a divorce case. I am jobless & applied for interim maintenance. But he has understated his salary & claimed he cannot provide maintenance to me. I applied RTI to provide his IT Returns but they said it is third party information. What can I do to prove the actual income of my husband?
You can send summons through court to incometax department, they have to appear before court and give evidence If your husband is income tax payer.

LawRato LawRato

817 votes

You may appeal to the court through your dealing lawyer to examine your husband on oath about his income and financial status. Also, you may request the court to summon your husband's pay-disbursing officer as a witness.

Advocate Swaminathan Neelakantan LawRato

581 votes

Respected Madam,

Yes . Third party information they will never give.
1. First you can get pan card number of ur husband thenby using pan card through internet then submit an application under RTI Act to the Income Tax authority. RTI section 8 discusses wife rights
Or
2. File a petition against ur husband Pray the court to direct IT Dept to produce his returns, if it serves ur purpose.
3. submit an petition to court seeking direction to IT, Dept to produce the doc.
4. you have to move an application asking the court to direct him to file the affidavit containing in which company he is working, designation, monthly emoluments etc.  As this information is exclusively in the possession of your husband, the court is duty bound to give him direction to give all the details on an affidavit.  Any false information, he may give on affidavit, may put him in further problems.  Further, in the same application, you can ask the court to direct him to file his bank statements of his all the bank accounts he has.  He shall be duty bound to produce the same.  On the basis of his income, you will be provided maintenance. 

https://m.hindustantimes.com/india-news/wife-has-the-right-to-know-husband-s-salary-details-madhya-pradesh-high-court/story-SYK7pupAnvAxGnHWKuZ1QM_amp.html


I hope u can understand my legal points take care.....any doubt make a call thank you...

Advocate Deva AS Gibsons LawRato

732 votes

Hi madam sir.
Hi madam it's very difficult because any one work private company mean no chance to prove his salary suppose he is working government sector you have chance

Advocate D Parthibhan LawRato