• About getting his salary documents

Hi Sir /ma'am 
I filed IA under 91crpc to get his documents, it got rejected. Again I filed one more IA order13 rule1 r/w section151cpc , that also got rejected. 4years ago I filed for divorce under 13(1) (i) (i-a) under cruelty n desertion. I didn't mention about my alimony. I'm 50 n a home maker since the beginning . Tomorrow I'm going to file my memorandum petition to get my alimony. He has been working in IT, as a recruiter, 
he is a HR person. He is 55. Earning so well. My doubt is that, why my IAs are got rejected? To get his documents which application I have to file? What should I do to get my alimony. ? How much of his income I'm eligible to get? Now what should I do ? Please clarify my doubts. Thank you so much sir /ma'am.
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 2 hours.

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12 Answers

We need to approach High Court of Karnataka in MFA under Article 226 and get a direction to your husband to produce last pay certificate, IT statement etc.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

You are entitled to one fourth of husband net income as maintenance 

 

2) it is suprising  that your application for husband last 3  year income tax returns , bank statements have been rejected 

 

3) file petition in HC against rejection of your application by family court 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You have to file application in family court in divorce petition to call upon husband to produce husband last 3 years income tax returns, bank statements 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

1. If you are without any employment then you are entitled to maintenance. The quantum of maintenance would be not less than 1/4th of income of your husband.

2. For this you need to file application u/s 24 of HMA.

3. There is no need to ask for his income proof. Mention his income and he would be burdened with proof of his income to disprove income claimed by you.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Please prefer application for issue of summons upon the employer of your husband with complete details as regards address of the bank where your husband is working. Once the court issues summons to the banker his complete details of income will be before the Hon'ble Court and then the court will grant you maintenance as per his income. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- As per Madhya Pradesh High Court judgement, A wife is entitled to seek details of husband's salary under RTI for determination of maintenance.

- Since, your husband is working as a director in IT company, then you being the wife, should move an application under RTI Act, for knowing the details of his income. Even via online mode you can apply as well.

- Further , you should check his declared income in his affidavit , and thereby you can challenge the same after moving an application before the said court .  

- As per law, you are entitled to get at least  1/4 of his income.

-  You should move an application before the family court in your divorce case under section 24 of Hindu Marriage Act, for getting the maintenance /alimony .

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

If you are a home maker then you can get at least 25% of his proven income as monthly maintenance amount.

 the production of the original documents is a mandatory requirement of law not only under CPC but under the Evidence Act as well as.

What was the reason given for dismissal of the petition filed under Order XIII rule 1 ?

When at the stage of proof of documents, the requirement under Section 62 of the Evidence Act is only of production of original for inspection of the court, Order 13 Rule 1 of the CPC requiring production of originals has to be necessarily meant as production of original for inspection of the court and not as filing of the original. Significantly, Order 13 Rule 1 also uses both expressions "produce" in connection with original and "filed" in connection with the copies.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

Rule 14 of Order VII CPC enjoins upon the plaintiff to produce a list of documents along with the plaint if he wants to rely on any documents. If he is not in possession of any document, he shall state in whose possession or power it is.

You may even issue Notice of Production of Document Under Order 12 Rule 8 of Civil Procedure Code,1908.

Documents which are in the possession of other parties upon the notice is served. The documents which are admissible in the court can be called by the party.  Documents which are called by notice or order are the original documents.

If the documents are not provided by the respondent party, then the court will give an opportunity to the petitioner to produce the secondary evidence.

Secondary Evidence is mentioned in Section 63 of Indian Evidence Act,

Production of documents- “It shall be lawful for the court, at the time during the pendency of any suit, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.”

As per the Order 11 Rule 14, Court can order for the production of the document by any party in the suit. And the court can further proceed with such documents as appear just. This rule empowers the court to order the production of documents during the pendency of the suit.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

You can seek direction of the court to produce the said documents by your husband

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear Madam,

You can file such application at any time and see that the original pleadings were amended accordingly by filing application under Order 6 Rule 17 of Civil Procedure Code. The simple procedure to get immediate monthly maintenance your advised to file application under Section 125 of Cr.P.C and pray for interim maintenance.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You should have file appeal against rejection of IA. Your IA may be rejected  cause you have filed in wrong case. File petition to claim maintainance, in that court will summon his income proof and this is routine in maintainance cases to summon husband income details. Court will direct his employer.

 

Wife is entitle to 25% of net salary. 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

You should file maintenance case against your husband and in that can you can make application of section 91 CrPC for production of documents.

In divorce petition there is no need of documents of salary and income that is why your applications have been rejected by court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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