• Wife changing jobs to get maintenanace

My Wife was working when she filed a DV case and as soon as I bought the details of her job before the court. She left the job having salary of 45000 per month in 2016, produced her leaving certificate and got an interim maintenance.During her cross examination she told she was not working in 2021. but I was able to find her job location where she has been working from 2016 till now with a very high pay. I found her job location and Produced the office details and asked the court to summon her employer and get her salary details.But after that the court just kept on changing the dates for 3 months I believe she will be resigning her job again and may produce another leaving certificate or may not produce anything. I am in a different state and its very difficult to get the employment details. how to proceed in this type of cases whenever we find the working details they leave the job and say they are not working. Is there any other way to ask her employer about her working details.I have her email id, designation and photo of her standing with other employees of her in the organization where she is working.Please advise how to handle this
Asked 3 years ago in Family Law
Religion: Muslim

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7 Answers

- As per law, a well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further, as per latest judgment of Calcutta High Court, An earning woman who has adequate financial resources isn’t entitled to maintenance from her husband.

- If she having sufficient income for her maintenance then she cannot claim maintenance from you ,and hence you can produce the proofs of her income before the court for dismissing her interim maintenance 

- Further, as she was working earlier but deny for the same , then you can produce application under section 340 CRPC for lodging an FIR against her for deposing falsely before the court. 

- Further , you can also file an application under section 91 CRPC for producing the income details before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

File application under section 91 cr pc calling upon wife to produce her bank statements , income tax returns for last 3 years 

 

this will prove that she is being mployed in another organisation 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

If the wife has chosen to leave her job voluntarily, then the husband is not obligated to provide her with maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can oppose her application on her qualification and current jobs

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

It is not the  actual earning of wife, that disentitles her claim of maintenance, it the earning capacity. It can be established that she was earning and left the job that is sufficient to get her claim dismissed.

Ravi Shinde
Advocate, Hyderabad
5129 Answers
42 Consultations

Since the case is going on you can file a petition before court seeking to summon the employer to produce the details of her employer.

The summons shall issue by the Court to any person to give evidence as witness or produce document which is in his possession before court on particular date such intimation document is said to be summons of Witness.The summons of Witnesses can served for two purposes i.e. Either for giving his oral evidence or for final production of documents.

The court may has to be pressurised through your lawyer for speedy disposal of your petition

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

Dear client,  

It's difficult to handle cases where a party is not providing accurate information regarding their employment status, as you've found. In such cases, you can take the following steps:

Request for Subpoena: You can request the court to issue a subpoena to your wife's employer, requiring them to provide evidence of your wife's employment status, including salary information.

Hire a Private Investigator: You can consider hiring a private investigator to gather information about your wife's employment and salary. This information can be used as evidence in court.

Use Social Media: You can search for information about your wife's employment on social media platforms such as LinkedIn, Facebook, etc. If you find any relevant information, you can use it as evidence in court.

Send a Request for Information: If you have your wife's email ID, designation and photo, you can send a request for information to her employer, asking for her employment status and salary details.

It's important to note that while the above steps may help you gather information, they may not necessarily lead to a resolution of the case. It's always best to seek the advice of a lawyer, who can help you navigate the legal system and provide you with guidance on how to handle your case.

 

 



Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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