My wife has filled interim maintaince under section 125 in February 2017 in Family court. She had mentioned in her application that my salary is 60000 per month. But my salary is 40000 per month. I have home loan running with EMI of 22000 per month,and I have also responsibility of my Mother. I am only one son of my mother and all responsibility of my mother. I have one personal loan with EMI of 6000 per month. so out of 40000 salary , I have 12000 per month on my hand. Court ordered 6000 per month for interim maintance in September 2017. Corut ordered to submit all evidence in next 3 months lately by January 2018. I have submited my bank statment and my salary slips of 40000. She has not submited any of evidnce till today. I have started paying 6000 every month. My wife's education qualification is Master in Human Resouce Management. She was working in a company and her salary was 15000 per month. She left her job specially get money from my side. In Family Cournt, my advocate had asked her question that "Are you able to get job and maintain yourself ?" and She had replied that "Yes, I am able to get job based on my Education Qualification." All this are noted in "Ulat Tapas "(Gujarati word). Few days ago, I know that she has been working in one of big company and her salary is 18000 per month. how can I prove in court that She works in a company?. Is there any legal way to give a notice to that company to provide me her employment details ? If my wife has her job, can I get relief from maintance under section 125 ? Please suggest me.
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1) file application in family court and obtain court orders to direct wife to produce her bank statements , income tax returns for last 3 years
2) court would direct wife to produce her IT returns , bank statement
3) you can take photographs of wife entering her office building .
4) file application in court to direct her employer to produce her appointment letter .
5) you would have to pay only nominal amount as maintenance if wife is working
Which application Can I file in court to direct her employer to produce her appointment latter and more employment details ? Can I do this any time or need to wait for next date in court ? Please suggest me.
Hii
Yes she will be liable for some alimony till she will not remarry again even after divorce.
If you wanna close this chapter go for permanent alimony procedure.
Dear Client,
File application u/s 16(2) of Family Court Act in court to summon employer along with salary proof of her.
Earning wife not entitle to maintenance.
Can file any time.
hello,
the maintenance amount the court decreed could have been challenged in a revision application. you should have challenged it. anyways, challenge it now in a revision application before a DJ. if it gets rejected, file a revision application before a HC. the grounds will be the salary she is earning the loan you have to pay and your old mother. even if she is not doing a job, the amount could have been challenged. find the name of the co. and all relevant evidence. mark the co. and let the court call them when producing evidence.
regards
you can do it on next date .
2) your lawyer would do the needful .
You can tell her to submit first the details herself if she doesn't submit then you can take legal steps towards the company to get those documents
This is my response to you:
1. You can ask the court to ask her to produce her employment details;
2. The court can ask her to produce her details and she will have to. If she suppresses them, then she is doing contempt of court;
3. You can hire a private investigator (though unethical) and retrieve the information from her company;
4. You should not directly approach neither can you obtain information by RTI;
5. You can also retrieve the information of IT returns she might be filing;
6. If you produce her documents on record, then you can pay less interim maintenance to her.
If my wife has her job, can I get relief from maintance under section 125 ?
A. If you can prove to the court by way of documentary evidence that your wife is working and has approached the court with unclean Hands by way of suppression of material fact and has also lied on oath.
This when proved would help you significantly in getting order of no or are very less maintenance.
The court would definitely consider the fact that you have to take care of your old mother and would order maintenance accordingly after the appreciation of all the evidence put forth by you in your defence.
Which application Can I file in court to direct her employer to produce her appointment latter and more employment details ? Can I do this any time or need to wait for next date in court ?
Please suggest me.
A. You will have to file an application under section 91 of CRPC which has been reproduced below:
91. Summons to produce document or other thing:
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Dear Querist,
You can move an application for production of documents.
There are ample of judgments which says that if wife is working or capable of working then no maintainence.
If you know the PAN details of your wife then that can also be helpful.
Regards
1. yes, if you know the details of her employment then you can summons the director or the person in charge of the organisation where she is working to prove her employment.
2. Yes, if you prove her income which matches your standard of living then you remain no more liable to maintain her'
3. Simply file application to summon her employer. Your advocate knows what is the formalities for this.
4. This is to be done once your evidence is completed.
1. You have to summon the employer to testify that she is employed. An application to direct the employer to appear with the salary slips has to be filed in the court.
2. Even if you prove that she earns 18,000 the court may still award her some maintenance.
3. You could have challenged the order of interim maintenance, but you chose not to do that. Hence, the trial court will not decide the case finally after trial.
Since the interim maintenance petition has been disposed you may have to take up this issue in the main petition only.
If you know the company's name, you can file a petition under section 311 seeking direction of court to the company to produce her salary and other income details
You can repudiate her claim on the basis of the documentary evidences of her employment and salary income.
Which application Can I file in court to direct her employer to produce her appointment latter and more employment details ? Can I do this any time or need to wait for next date in court ?
Please suggest me.
You can file a petition under section 311 cr.p.c.seeking court direction to the employer to produce her employment details before the court
You can file this petition only during the next date of hearing and not before that.