Legal Question in Criminal Law in India

Hi,

Facts

- My Wife has filed Domestic Violence Case with all the false allegations against me in June-10, which is still ongoing and just a month back

- She has also filed interim monetory relief application along with the Domestic Violence case.

- Recently i.e. a month back she also filed Divorce case in the Family Court along with long list of demands of House, Maintenance etc.

- She is working in a private limited Company where her actual salary is apprx 9 lacs p.a.

- However in the allegations, she has mentioned her salary to be 2.40 lacs p.a.

Queries

- How can I prove her actual salary.

- Whether, legally pending the Domestic Violence case, can she file a Divorce case or vice versa.

- What should be my reply against the interim relief application filed by her for monetary benefits.

Thanking you in anticipation.

SR.


Asked on 4/27/11, 4:20 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

The answers to your questions in a concise manner :-

1) You can prove her salary by showing her salary slip or her bank account or a letter from the office where she is working about her salary. But this is not going to help you in Domestic Violence act case in her maintenance etc.

2)Yes

3)Her salary and a package of 9 lacs per annum. What ar you doing for living and how much money you are making ? What was last two years return ?

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Answered on 4/27/11, 4:29 am
Vishwa Arya Arya & Co.

- How can I prove her actual salary.

One of the way is to file an application seeking directions from court asking her to file an affidavit showing her income. Also, in case, she is filing return, seek summons from ITO for her return of income. Or seek summon for employer to bring her employment record.

- Whether, legally pending the Domestic Violence case, can she file a Divorce case or vice versa.

Yes, she may file

- What should be my reply against the interim relief application filed by her for monetary benefits.

since she has lied before the court on salary, counter attack by filing a perjury application and seek contempt of the court. also contest on maintainence on her not coming to the court with clean hands. the court will not grant any relief what so ever.

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Answered on 4/27/11, 4:53 am


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