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A Delhi court has expressed concern over self-employed men involved in matrimonial discord cases not revealing their real income ahead of the fixation of maintenance for their estranged wives. The purpose of this is to escape from the liability to give maintrnance to their estranged wife.
Metropolitan Magistrate Priya Mahendra in a recent order directed Dalbir, a farmer from Hamidpur in north Delhi, to pay a monthly maintenance of Rs.10,000 to his estranged wife and two minor daughters.

The court ruled that the real income of self-employed men involved in such cases never came to the surface.
“Unfortunately, in India, parties do not truthfully reveal their income. For self- employed persons or persons employed in the unorganised sector, truthful income never surfaces,” said the court.

The court’s remarks came after hearing that Dalbir’s monthly earning was between Rs.6,000-7,000. He told the court that he was a farmer and earned Rs.75,000 a year.

The court said that it was unbelievable that a man having so many properties in Delhi had an income of Rs.6,000-7,000 per month.
“It is important to note that even the minimum wage for an unskilled person in Delhi is Rs.6,000 per month,” said the court.
The court also considered the submission made by Dalbir’s estranged wife that he owned many properties and earned around Rs.8-10 lakh a year.
“The respondent is the owner of a number of lands and it is not possible for him to maintain such properties without having good income. The income of the respondent in the present case can be reasonably assessed as Rs.30,000-40,000 per month,” said the court.

The court directed Dalbir to pay Rs.5,000 a month to his wife and Rs.5,000 a month to his minor school-going daughters.
The court was hearing a petition filed by Dalbir’s estranged wife for maintenance. She told the court that they got married Feb 18, 1999. Later Dalbir’s family started torturing her for not bringing enough dowry.
After the birth of two daughters, Dalbir and his family abused her for not giving birth to a boy.
The woman told the court that she was turned out of her husband’s house Jan 27, 2009, along with her two daughters and denied any maintenance.


One Response to “A Delhi Court held: Self- employed men hide income in alimony cases”

  1. colonel Rajinder S Shekhawat

    I will humbly commence with modest submission with CHANAKAYA”S quote

    : The Day when soldiers are forced to fight for salaries would be a very sad day for a Nation”.

    1.It has been held by Supreme Court that” Undoubtedly, the Defence Personnel are a class by themselves”
    {Common Cause Case ,1987 (1) SCC 142]

    2.Honorable Supreme Court of INDIA : – while dismissing the appeal on 01 April 10, a bench Of Justices Markandeya Katju and A K Patnaik slammed the Government PSU’s for treating army Personnel like “beggars” in respect of emoluments.

    Fixation of pay of personnel/officers re-employed prior to 1.1.2006 and who were in employment as on 1.1.2006: In the case of personnel/officers who were re-employed before 1.1.2006 and who were working in the Central Government organizations on re-employment basis as on 1.1.2006, their pay will be fixed in accordance with the provisions of DOPT O.M. No.3/13/2008-Estt.(Pay II) dated 11.11.2008. This O.M. stipulates that re-employed persons who become eligible to elect revised pay structure shall exercise option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and their pay shall be fixed in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008. In this context, it is clarified that in accordance with the provisions of Rule 7 of CCS (RP) Rules, 2008, Department of Expenditure issued fitment tables corresponding to each pre-revised pay scale vide O.M. No.1/1/2008-IC dated 30.8.2008. In the case of those personnel/officers as well, who were re-employed before 1.1.2006 and who were working in the civilian organizations on re-employment basis as on 1.1.2006, their pay will be fixed with reference to the fitment table of the pre-revised civilian pay scale in which they were re-employed and corresponding to the stage in the pre-revised pay scale as on 1.1.2006.
    (v) Fixation of pay of personnel/officers who retired prior to 1.1.2006 and who have been re-employed after 1.1.2006: In the case of personnel/officers who had retired prior to 1.1.2006 and who have been re-employed after 1.1.2006, their pay on re-employment will be fixed by notionally arriving at their revised basic pay at the time of retirement as if they had retired under the revised pay structure. This will be done with reference to the fitment table of the Defence Service Rank/Civilian service post (as the case may be) from which they had retired and the stage of basic pay at the time of their retirement. Their basic pay on re-employment will be fixed at the same stage as the notional last basic pay before retirement so arrived at. However, they shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed.

    560/43/TA-(a)/03/00/S(GS-1)
    Government of India,
    Ministry of Defense,
    New Delhi, the 7th Jan 1994

    To
    The Chief Secretary to
    All State Governments/Union Territories .

    Subject: Concession & Incentives sanctioned by State
    Governments to Territorial Army personnel.

    Sir,

    This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.

    2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.

    3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-

    (a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.

    (b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.

    (c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.

    Yours faithfully,
    Sd/xxxx-
    (S.K. JAIN)
    Joint Secretary (G).

    but SAIL psu is not honoring this GOI letter

    Reply

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