• 498a maintenance case

Hi,
My wife is still working for her IT company. But she mentioned that she is not working. usually if you do for long time in the same company they will give 1 year leave if wanted.
So, now my doubt is 
1. How Can I prove that she is employee and on long leave? Is there any procedure I can follow legally to prove this? Because her lawyer is changeling us to prove that she is employee or working.
 Please help.
Asked 2 years ago in Criminal Law from United States
Religion: Hindu
1. During trial you can summon the company officials to prove her employment. You can send them legal notice also and if they reply the legal notice you can inform the same to court.
2. You can submit her ITR also, if you have as the same reflects her employment.
Devajyoti Barman
Advocate, Kolkata
6402 Answers
71 Consultations
4.9 on 5.0
1. Even during the leave period the employee remains on the roll of the company. 

2. To prove that she is working in the IT company you can issue a lawyer's notice to the IT company to furnish the required details. Alternatively, you may avail the services of a detective agency. The first mode can be more effective.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
If you know the name and address of the company, in which she is working, you can file application under Sec. 91 of Cr. P. C. to court requesting to issue summons to her employer to produce documents relating to her employment and her salary details.

Sandeep Hegde
Advocate, Bangalore
368 Answers
100 Consultations
4.8 on 5.0
It is advisable to issue a legal notice seeking details if the employee i.e. your wife is still employed or is on the pay roll of the company. Or if you feel comfortable then a detective agency could be hired to accumulate data regarding your wife's occupation.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Engage a private detective/investigating agency to find out the fact from the earlier employer of your wife,

2. They will collect all details of the facts with evidence,

3. Being armed with the said imformation you can pray for a direction upon the Court to produce the details of the facts in connection with your wife's employment before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
Dear Querist
if you know the detail of the employer then file an application before court for summoning the employer with all the detail of her.
the employer is bound to follow the direction of the court and came with all the documentary proof regarding her employment and last salary.

file an application u/s 106 of Indian Evidence act-1872
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
1. It depends on how your lawyer persues and contests the cases filed by you or filed against you,

2. NBo body can predict what will be the Judgement. You shall have to fight fittingly then only you can expect favourable result,

3. Most of the 498A cases filed have ben proved to be false by Indian Courts. Have faith on our judiciary,

4. You shall have to file a quash petition after charge shtte is filed in connection with the said case.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
1. You can continue your defence in all the cases. How long it is likely to take for the court to decide the cases depends on variable local factors such as pendency of cases, judge-population ratio, etc.

2. Nobody can foretell you the judgment of the court. The courts do not rely on anybody's words as gospel truth. Be patient and take your defence to a logical conclusion.

3. You will lose your job and also go to jail if the court rules against you. 

4. Since your parents are also named by your wife they too have no other choice except to defend themselves in the court. 
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
16291 Answers
151 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6402 Answers
71 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1344 Answers
93 Consultations
5.0 on 5.0
Sushil Jha
Advocate, Patna
190 Answers
2 Consultations
5.0 on 5.0