• My husband (respondent) did not submit job address and salary proof

Respected Advocate,
Marriage divorce case is running under Honorable Civil Court. My husband not submit the Job address and Salary Proof after 3 - 4 hearing. I submit the application to court but his lawyer without answering continuously postponed the case dates and one-day his lawyer said to court, he left the L&T job and presently not working in any private organization. 
But he not submit previous job details and salary structure. 
He is working out of town means Gujarat and I am leaving in Maharashtra. He is continuously changing his rented residential address in Gujarat district with Mother-in-law and Father-in-law. He is still working in new organization but still he not submitting the Job address and salary details to court. He and his lawyer continuously try to hide the salary details from court.
Please help, how to collect my husband present Job address and salary details.
Asked 1 month ago in Family Law
Religion: Hindu

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23 Answers

Obtain court orders directing husband to produce his income tax returns ,bank statements , salary slips , list of investments for  last 3 years 

Ajay Sethi
Advocate, Mumbai
79341 Answers
4745 Consultations

5.0 on 5.0

1. Don't worry and stop running after his job details.  I wonder who has advised you to do all this.

2. The present job and salary earned is within special knowledge of your husband.  Therefore I'd be conceals the same the court is free to grant maintenance keeping in mind his last know income and present probable salary. 

3. So ask the court to fix your maintenance on the basis of available information. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

As you have filed an application seeking the details of his employment and salary,  you may insist on court to direct him to file a reply before court or the court may pass an order against him without hearing him to direct him to file an affidavit about his employment details. 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

Dear ma'am,

Ask you advocate to insist the court to pass an order directing the husband to declare his income and other related details such as property, investments etc on an affidavit.

Or otherwise the court can pass an order of maintenance on the basis of last known salary. 

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

You can request court to get expert opinion report from CIBIL records of his name. So you will automatically come to know all bank account details , FD and salary account through his PAN card number.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Please approach the same Court and Judge and make an application for seeking the  direction to your husband through his lawyer to furnish job status of your husband. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Yes if lawyer is on record then you can send it on his address as ask lawyer to file his address on record

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Please take a notice from the Court and direction to your husband for furnishing of his present job details. As per new ruling of Supreme Court of India you can serve notice to your opponent through WhatsApp. Please serve the notice through WhatsApp to your husband and seek present status of his job, salary and post.

You need not to search his latest residence or office. You  have his cellphone No which may have WhatsApp and Telegram Social Media. Serve him the notice through WhatsApp. 

After serving him notice through WhatsApp, Please prepare affidavit of service of notice upon your husband and get the ex- party order passed for divorce and alimony in his absence. This is practice of the court and allowed under the provisions of law. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Yes you can do the aforesaid

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Yes , file an application before the court to direct the respondent to submit his income details and the copy of the petition can be sent to the lawyers office of your husband.

Regards

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

A legal notice must be sent by you to the employer and asking for the details. Otherwise strict steps must be taken against him.

An application must be filed in the court to order him to file an income affidavit and ITR.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

A domestic violence case must be filed against him. A fir must also be lodged for cruelty and abuse. The poluce will issue a warrant for arrest if he doesn't respond.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

You should file a criminal complaint. You may also ask the family court to issue summons to him. You must be knowing his relatives' address.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

You can send summons to his native place where his parents are living and ask issue to warrants kindly provide your husband details of name, age and

L&T details. I will provide his current address.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1) engage detective agency to trace husband address 

 

2)if his address is not known and keeps on changing address apply for substituted service ie by paper publication 

Ajay Sethi
Advocate, Mumbai
79341 Answers
4745 Consultations

5.0 on 5.0

It is very simple ,

 

Tell your lawyer to take a print of this judgement and ask the learned court to approve this judgement and pass and order that the husband should depose his details as per the judgement, trust me, you will enjoy it.

 

The judgement is, kindly google it, its huge.

 

* IN THE HIGH COURT OF DELHI AT DELHI Date of Decision: 6th August, 2020

+ FAO 369/1996

KUSUM SHARMA ..... Appellant

Through: None.

versus

MAHINDER KUMAR SHARMA ..... Respondent

Aveek Bose
Advocate, Kolkata
1216 Answers
9 Consultations

4.7 on 5.0

Your advocate is not correct. You only to file application to court. Direct will direct your husband to submit his income detail and his employer address. Even if he has left the job, he is liable to pay maintianance.

How can his address cannot be traceable. His advocate is appearing in court. What is the need of sending further notice.

Address is given in the petition. On same address any notice will serve and even if returned, due compliance of notice. If he changes address, he is bound to inform court.

Your advocate is not correct. 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Lawyer office address cannot be used to send his client's notice. You have to search for the address of your husband 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. You can file RTI application in Income tax department to get details of your husband income and employer.

2. Yes your advocate is right you need some communication address to file any fresh application against respondent.

3. You can make application in court for permission to serve notice through whatsapp or email on ground that respondent is continuously changing his resident to avoid notice and not disclosing his communication address. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Your husband's address is essential to send the notice to his address.

It is not necessary that you have to send the notice to the current address only.

You can send it to his last known address also.

Your advocate is also knowing about it.

If your advocate is not cooperating then you can change the lawyer immediately and engage the services of a skilled advocate.

Just because you are not knowing his current address your case will not remain stagnant.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

Since the respondent/husband has already appeared before court, ther copy of ther application you intend to file before court may be handed over to his advocate itself, you need not have to send it to your husband's current address.

This is a simple thing that can be sorted out in the court complex itself before filing the application before court.

In my opinion your advocate is trying to misguide you for the reasons known to him.

But you cannot suffer due to your advocate's non-cooperation or reluctant attitude.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

you may file application under section 91 of CRPC or under order 16 Rule 6 of CPC and get a direction to employer to submit all the details . 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

It has to be sent to the Respondent's last known address only.

If you take permission from court, it can be sent to the Respondent's Advocate's address also.

In case if the same is refused by both of them, the court will pass exparte orders.

Further, you can file an application seeking production of documents / information by Respondent and serve the notice of same as stated above.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

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