Legal Question in Family Law in India
I filed a case of Domestic voilence case against my Husband on july22,2009. I am living seperately with my 1 1/2 yrs old Son in my father's home from last 1 1/2 years. Now the case is on the stage of arguments and no Maintenance has started yet. My Husband has 2 shops in Mori gate area( inherited from his father) which he has given on rent and the address of the shops are printed on the marraige card from the boy's side with his personal mobile number and surname. The card was shown to the judge during arguments, but the lawyer of my husband denied the possession of any such shops. Judge asked me to file RTI to bring documents of ownership of shops as a proof.
Difficulty is that, most of the shops in old Delhi like Mori Gate, Chandni Chowk, kashmiri gate etc are actually still are in the name of original allotees from MCD 50 years back in the records of MCD. Who purchase the shops or who sold it or who has the power of attorney is not in the records of MCD. Now
Q1.what should I do to get the documents relating to ownership of shops or where should I go to prove its ownership?
Q2. Is the marriage card from Husband's side not enough proof of his business?
Please answer.
2 Answers from Attorneys
Instead of proving his income, you may just establish his "standard of living" by providing adequate information. It is not required to prove income or assets / properties of the husband.
Secondly, your lawyer may file "interrogatories" asking your husband to admit or deny the questions that may be formulated with your help.
You are entitled for maintenance even though he may not be proved owner of the shops.
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