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Interim maintenance

(Querist) 30 July 2016 This query is : Resolved 
Respected sir, my husband filed a divorce case in April 16 on false grounds just after one year of marriage. Even though I don't want divorce and appealed for interim maintenance in court. I am working privately in other state but it is difficult for me to bear expense of this case and all. My husband sent a rti request to my workplace to know my salary status. My problem is, since I am working in a private firm they can fire me on my husband's rti request just to avoid the unnecessary burden. So what should I do? My husband is govt medical officer.
Rajendra K Goyal (Expert) 30 July 2016
Private firms are not covered under RTI. Your employer should refuse / not reply.

Since your husband has filed divorce case, explore scopes to file counter cases to drag him in defense rather on attack side.
Shilpi gupta (Querist) 30 July 2016
Thank you sir
Shilpi gupta (Querist) 30 July 2016
It is open fact that I am working and I can't hide that. my query is if I seek maintenance and my husband will show in court that I am working so what will be the result. As if I am working in a private firm so I get less money but they (work place) show more in there records. So what are the necessary steps should I take.
Rajendra K Goyal (Expert) 30 July 2016
Maintenance depend on the fact whether amount received is enough for living expenses. Your lawyer can guide you for putting your claim in acceptable form, leave rest for the court to decide on merits of the case.
Shilpi gupta (Querist) 30 July 2016
*Thank you sir for ur valuable advice.
And I have already filed my objection on divorce case as he made two points non consummation and my extra marital affair.
*On rti request my lawyer said it will be difficult to get interim so I needed more assistance.
*Also what else I can do to drag my husband so that he will not take divorce with me.
adv.bharat @ PUNE (Expert) 30 July 2016
You will be benefited by expert advice.
Kumar Doab (Expert) 30 July 2016
"As if I am working in a private firm so I get less money but they (work place) show more in there records."


Download evidence of it.

You can act on it later.


Your own counsel and expert Mr. Goyal has advised you on the query.
Guest (Expert) 30 July 2016
Ms. Shilpi,

Your statement, "I am working in a private firm so I get less money but they (work place) show more in there records," cannot of any help to the experts to arrive at some conclusive opinion, unles you intimate whether you are signing salary voucher for more amount than you receive from the company, or else how they are able to show more on their record without any evidence of payment to you.

Please clarify.
Guest (Expert) 30 July 2016
Ms. Shili,

On re-examination of your query, I find that most of the portion of your query is vague. For example, when you state, "I am working in a private firm they can fire me on my husband's rti request just to avoid the unnecessary burden."

A question arises, how a worker can be fired merely on seeking information through RTI, when RTI is not even enforceable to any private organization.

Secondly, your assumption, "to avoid the unnecessary burden" is too vague. A question arises, when you get fired from your service, how you can say that the burden of your husband would be avoided? That would rather enhance his liability for payment of maintenance.

So, I find your query as well as your clarification to be quite hypothetical.
Shilpi gupta (Querist) 31 July 2016
Thank you kumar sir and dhingara sir.Sir my query is not hypothetical and vague sorry but it seems that you are not familiar with the working culture of private sector . I am working in private ayurvedic college as an asst prof. These college are affiliated to state university. They appointed the faculty under the pay band (15000-39000+allowence) that is fixed by the university. But they are not paying fully(approx 20000) and they showed this in the record by transferring the whole amount in employee's account and then taken back extra in cash from employee(we have to return) . They have papers(full salary) signed by employees sothat they can use this at the time of inspection or enquiry.
As if I earlier said that the working culture of private colleges is not so transparent so just for the sake to avoid the unnecessary burden they can fire me and trust me sir they can do, it happens with out giving any notice or experience certificate.
You are right sir if I will lose my job still the burden of my husband will not be less.
Sir I am only scared of my future. Or I am earning 20k but living in another state not sufficient for everything. My husband thinks on these facts I will be harassed and will give divorce to him.
I don't have any proof that I am earning only 20k. So what should I do? ??
Shilpi gupta (Querist) 31 July 2016
Thank you kumar sir and dhingara sir.Sir my query is not hypothetical and vague sorry but it seems that you are not familiar with the working culture of private sector . I am working in private ayurvedic college as an asst prof. These college are affiliated to state university. They appointed the faculty under the pay band (15000-39000+allowence) that is fixed by the university. But they are not paying fully(approx 20000) and they showed this in the record by transferring the whole amount in employee's account and then taken back extra in cash from employee(we have to return) . They have papers(full salary) signed by employees sothat they can use this at the time of inspection or enquiry.
As if I earlier said that the working culture of private colleges is not so transparent so just for the sake to avoid the unnecessary burden they can fire me and trust me sir they can do, it happens with out giving any notice or experience certificate.
You are right sir if I will lose my job still the burden of my husband will not be less.
Sir I am only scared of my future. Or I am earning 20k but living in another state not sufficient for everything. My husband thinks on these facts I will be harassed and will give divorce to him.
I don't have any proof that I am earning only 20k. So what should I do? ??
Guest (Expert) 31 July 2016
Ms. Shilpi,

A query if posted without facts is always hypothetical and vague. I wonder, what resisted you not to submit the fact of the case at the very outset, which you have posted now?

We very well know the work culture of the private organisations, but your description was so vague that nobody could believe your statement. Moreover, a college is not a firm, as you stated.

Also, your description, "they can fire me on my husband's rti request just to avoid the unnecessary burden" added more artificiality in your query. The question arises, for what sort of its debility, your college would come under the influence of your husband?

SO FAR AS YOUR QUESTION, "I don't have any proof that I am earning only 20k. So what should I do," IS CONCERNED, you can't do anything without any evidence in your favour, as the college record as well as your bank account reveal that you have been getting full salary. That is another thing that you had been returning the part of your salary to the college without creating any evidence to that effect.
Shilpi gupta (Querist) 31 July 2016
Okay thanks
Kumar Doab (Expert) 31 July 2016
You have posted that:




" But they are not paying fully(approx 20000) and they showed this in the record by transferring the whole amount in employee's account and then taken back extra in cash from employee(we have to return) . .............................. just for the sake to avoid the unnecessary burden they can fire me and trust me sir they can do, it happens with out giving any notice or experience certificate. "





It has already been posted that;

'Download evidence of it.

You can act on it later.'



Expert Mr. Dhingra has also advised you in his latest post ....'That is another thing that you had been returning the part of your salary to the college without creating any evidence to that effect.'.




The employer's view is that ; NO Mercy.


What should be your view!


We have already suggested.


As an Asst. Proff./teacher you may not be covered as 'Workman' as In ID Act.


So irrefutable evidence shall alone help you.




RTI application in eligible cases can be thru regulator.



The employer and your husband are unforgiving and you have monetary issues as posted by you.




You need to act to defend your interest.


If you are apprehensive of loosing job, firm up another in time.


Guest (Expert) 31 July 2016
You are welcome.
Kumar Doab (Expert) 31 July 2016
The suggestions made to you can benefit you.


Mere apprehensions shall not help.


Prepare well and and in time.

You seem to have engaged a counsel.

Discuss with your counsel and act.
Shilpi gupta (Querist) 01 August 2016
Thank you kumar sir


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