Legal Question in Family Law in India
Husband filed divorce in2008.petition again start after pending for 2 years in trial court.
Q1.- .He filed application to reduce my maintainance, his income increases up to 40% in 2011.so can i file enhancement of intrim maintainance ? he denied that he has no other income exept his salary income he is in a private sector.can court provid me IT details of my husband.but i have no proof of it
Q2-Can i ask the court,in the application of enhancement of intrim maintainance,to give income tax details of 5 years (because he is hiding his actual income ) or I have to file seperate application to get IT details?
Q4- .He file an application under 6 rule 17 read with 151 cpc to add 13(1)(ib) with 13(1)(ia). if it is passed by trial court then whether the maintainance will be stopped or redused or not.?
1 Answer from Attorneys
1) the court can not reduce the maintenance but you can file the application before the court for enchantments of maintenance if u not have knowledge about husbands salary than u can file the application in your maintenance proceeding for the court direction to the department of your husband to file the salary certificate of your husband than court will direct to the concern department to send the salary certificate
why u wants to know the income tax detail it is not necessary for u