Legal Question in Family Law in India
Dear sirs
I am a Hindu female, filed DV Case against hubby and sister inlaw.My hubby is abroad on work permit and i'm deserted for the last 2 yrs.
During this period he finished his Masters from a British university in the country where he works.But his new qualification was hidden from us.
Since i am claiming maintenance from him,obviously the judge wants to know his qualification,to decide the amount.
But my inlaws are lying that he is still a graduate.I was told by his friends that he's done his masters now.I also know the university name.
Now how can we prove that he has finished his masters?His friend does not want to support as a witness,as he is on their side.
Also he has got landing visa to migrate to another country on the basis of this new qualification (he earned points).But again i have no proofs of the same.
Please suggest a good and quicker way out to prove his qualification.
Thanks in advance
3 Answers from Attorneys
you need not prove qualifications for getting maintenance. it is enough if you can ask him to produce present salary slip/income proof thru court.
you may send an email to the british university to get his records or you can ask the court to send summons to that university asking them to produce/send the records of your husband.
In a pending court case, it may be better to follow advice of conducting lawyer. however, you may resort to the remedy of provisions for "interrogatories, discovery and inspection" as available in the Code of Civil Procedure applicable to your case.