Legal Question in Family Law in India

Dear Sir I want to file a case under Restitution for conjugal right to bring back my wife & my 4 years old daughter to me . I just want to know that how much can court instruct me to give maintaineance to my wife per month during court proceeding as per my ITR Income of Rs.3,85,000 per annum???????????. My wife is a house wife but I am also in doubt that my wife is also filing her ITR through her parents in their business. Can i Make an request to court to show her ITR also in the court .........but if she refuses that she is not filing then how can i prove to court that she is filing the ITR.........???????????


Asked on 4/08/11, 11:26 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

On the basis of her business/resident address, you may check through a CA, to confirm from the office of IT if she is filing her return. The court can ask her to file the copies of her return before the court or else an adverse inference shall be drawn. In case you find out that she is filing returns, then, on your application the court may summon the income tax record direct from the i t office.

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Answered on 4/08/11, 11:58 pm
shiv shakner saini saini law

I concur with Vishwa Arya

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Answered on 4/09/11, 7:49 am


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