Most of the fault lies with the husband side also. Because they depends
more on their lawyer who is often in connivance with other party.
first we have to understand how court works.
1. Judge is a public servant and he is duty bound to proceed as per law.
So don't allow him to proceed against law. How?? (through improving your
knowledge )
2. Judiciary is Blind and it belives only what is expressed before it by
the counsels. So in most of the cases I have seen husbands fails to
bring the conduct of wife on record. They have more fear of being done
wrong to them by the court. (While fighting court cases one must fight
beliving that you won't get justice, so what we do in that case,we
should act fearlessly by becoming.)
3. Many people won't be aware of Order 8 Rule 2 of CPC where a defendent
still has opportunity to file counter reply by way of projecting New
Facts.
4. People get discouraged by life and are prevented from filing 340 in
the courts.
As far as the Proof of salary of husband is concerned. There is a trap
in the statements of wife, when she exagerate the the income of husband,
as sure shot that husband will file his salary slip in counter and his
actual income will come on records. Now here you can use the same things
opposite way while filing your salary slip with a clause in your reply
that strict action be taken against wife for false reprsentation. How
many husband acts in this way.
whenever you feel that court is not listening you then file written
arguments and get its certified copies back.
How many of husband used this?
IMP - While replying to Maintenance application, why did you submitted
your salary slip and subsequent justification for expenses in the court
? Did the court ordered you in writing to do so / court asked your
lawyer verbally or you on your own did it suo motu based on the
pleadings of your wife / her counsel ? YOU NEED NOT TO PROVE / DEFEND IN
COURT THAT WHAT IS YOUR ACTUAL EARNINGS. Just opposing the claim of your
wife would be sufficient and thereby onus lies on your wife to produce
any documentary evidence proving your income, unless otherwise admitted
by you anywhere earlier.
Even the Family Courts do NOT have powers to direct
the Husband to file his income details
As per Constitution of India Article 20 (3) no one can be forced to give
evidence against himself i.e. No person accused of any offence shall be
compelled to be a witness against himself. You can cite this as the
Indian equivalent / domestic version of
4. Case Petition and reply therein filed for other cases viz.impounding
of passport, travel expenses etc. - Order passed by the respective court
would also be needed to figure out the court's inclination in the case.
Suggestion for future - In Indian courts dates are still mention in the
British format i.e. dd-mm-yyyy instead of what you have put in as
American format i.e. mm-dd-yyyy, this could be confusing for the courts
here
Use this judgement :
Burden of Proof In maintenance matters on wife's head
Supreme Court of India
Bench: A Pasayat, A Alam
CASE NO.:Appeal (crl.) 1627 of 2007
PETITIONER: Chaturbhuj
RESPONDENT: Sita Bai
DATE OF JUDGMENT: 27/11/2007
BENCH: Dr. ARIJIT PASAYAT & AFTAB ALAM
JUDGMENT:
J U D G M E N T
CRIMINAL APPEAL NO. 1627 OF 2007
(Arising out of SLP (Crl.) No.4379 of 2006)
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