Legal Question in Family Law in India
Dear Sir
Divorce filed by husband, In which he has given wrong address, he has not submitted his Income Tax Return, he has not submitted his financial affidavit . I am taking interm maintenance U/Sec 24 HMA. In cross petitioner stated 3 times more expense than his salary. I have filed applications to order to file his financial affidavit, to issue summon to Income Tax Department to submit his Tax details, to issue summon to petitioner�s HR Department to submit his address and family details. Since along period court is not passing any order on my applications even on various efforts. Petitioner�s cross exam as PW-1 is going on .
Q1-- If the PW-1 cross finished Can I ask to issue for summons to his HR Dept.?
Q2-- -- If the PW-1 cross finished Can I ask to issue for summons to his Income Tax Dept.?
Q3---- If the PW-1 cross finished Can I ask to order petitioner to submit his financial affidavit?
2 Answers from Attorneys
Q1-- If the PW-1 cross finished Can I ask to issue for summons to his HR Dept.?
Yes, When your turn for evidence comes, you can call HR Dept as your witness. But be sure, that HR Dept. has information favourable to you.
Q2-- -- If the PW-1 cross finished Can I ask to issue for summons to his Income Tax Dept.?
Yes, When your turn for evidence comes, you can call Income Tax Dept as your witness.
Q3---- If the PW-1 cross finished Can I ask to order petitioner to submit his financial affidavit?
If your application is pending, before cross finishes, you should insist for his affidavit. In fact, in Delhi, it is mandatory for both the parties to furnish their financial affidavit giving details of income from all the sources, bank accounts etc. Ofcourse, the court has inherent powers to call for his financial affidavit at any stage of 24HMA application.
i agree with Mr. Arya. You may drop in a detailed query at [email protected]
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