How court can fix maximum maintenance against husband?
The court can fix maximum maintenance on Husband..
Factors in Various case
Gene really the tenancy of the husband is to conceal the amount of income account/sources are genereally concealed by the husband and it is very difficult for the wife to assess husband income and to bring direct evidence.
This problem increases when the husband is involved in family business or in partnership business.
Standard of Living Argument
The indirect evidence available to wife is generally the standard of living of husband. The house he lives, car he drives or the outing he does the proof of this is very easy and is even available on social media website. if direct proof is not available this can be used.
Next thing is if wife can have investments of husband in various mutual fund, insurance. whose statements generally comes by posts and she can easily lay hand.
Now if the husband in court conceal his income the only option for the wife is to counter him with all the abovementioned evidence. it is also desirable to appoint detective agency to find about life style and social status of the husband.
What will happen and what will be the solution to this issue
Suppose if you are concealing your income and wife on the other hand has all the proof of your social strata then the court will not have any hesitation with the wife petition and will award maximum maintenance as per the provisions of the law.
The answer to this strategically deal with petition of maintenance. it is important to disclose the income in consonance with the proof disclosed by the wife if she has one and thereafter show your liabilities and depending upon the income to ensure the impact of wife showing maintenance amount gets reduced.
The above mentioned things can be done by showing true picture along with financial statements, ITR and your bills.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
