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.
Asked 3 years ago in Criminal Law from United States
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.
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.
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.
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.
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.
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
Advocate, New Delhi
Married: May - 2013
Spouse came and joined with me : Dec- 2013
Left my house : April - 2014
Filed 498A/DV : September - 2014
Got married and after 7 months of wait she joined me. During this 7 months of period she harresed me that I should buy
her cell phone with 10.000ruppes. she demanded that I should give money to her mom who is doing chit business. I refused to do
all these. And then asked her first join me at my place since our marriage we are staying apart and not staying together even
after marriage. checked with her relatives and wanted to talk to her dad but dad is not in contact he is under ground some where
where my wife and her mother said there is no cell phone to him as there is no coverage where he is working as a contracter.
with so much struggle my dad found his number and called him asked him to come immediately to meet him as her daughter is still
in his house and did not join me. Finally she came stayed for 3 months and said she need to go to her mom as she is not feeling well
and need to do certain operation. she left and demanded me that I should come and take care of her mom. But suprizingly her
dad is not at home and did not help her at the time of mother operation. Her dad is still some where working as a contracter and
earning money. But she demands me to put leave and come to her place and stay and take care of her and mom.
In the mean while my mom is not well and came to know from doctors that we had to perform operation for her back pain. So, I
refused to go as I need to take care of my mom and also need to go to office and earn money for my self and my parents who are
dependent on me.
She filed 498a case on me and I go arrested and came out on bail after 6 days of jailed ( went to jain for want reason???? Just because
I did not do the above of her demands???) she kept all possible lies in her FIR saying she gave so much money at the time of marriage
which is 100% false. I did not take a penny from her I sware on my parents. Filed DV on me now she is getting 16,000 every month.
She lied to the court that she is not working but my lawer proved by giving income tax documents that she is working. And still
this cross examination is going on in court at the time of hearings. Mean time we are trying our best for mutual compramize
but came to know that wife wants to find solution from court and not willing to mutual compramize.
I filed divorse and also injuction saying to give stay oder from coming to my house. she even made thrents that she will bring
media and so on what ever to defame myself and my family. She even sent so many emails to my company HR about filing this criminal
case on me.
1. How long will it take for any 498A, DV and Divorse case to be fully done?
2. What will be the judgement of the court at the end I am sure I will try my best to show the proofs she kept is all fraud but
will court take my words and documents as true. I don't see any change in judge or court about any proof I keep. They just ignore
and give improtance to her words and docs ????? ( wht the hell is this law)
If it fails here I can go to hight court but what is that if they don't take my words and docs as seriously .
3. I don't want to be jaled and don't want to loose my job ( what are the presteps and precautions I can do to save my job and not going to jain)
4. My parents are also in the criminal case involved. How do I keep them away from all these.
Asked 3 years ago
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.
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.