LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wife asks company for salary details & itr

(Querist) 28 July 2014 This query is : Resolved 
Dear Sir,
I am employee of private company. My wife filled an false DV case against me. JMFC court had ordered interim maintenance of Rs 5000. My Gross salary is 34000 & after deduction i get Rs.15000 p.m. I had also submitted my salary slip to court. But my wife asks my company to give my salary details. I had filed case in District court for stay on Interim order as i am unable to pay such amount as i have to look after my old age parents & my younger sister who are dependent upon me.
Now my wife asks company for my salary certificate.
I want to know whether Income tax return copy is considered as income to grant maintenance OR only take home salary is considered .
Devajyoti Barman (Expert) 28 July 2014
Court considers both to determine the net income of the husband.
Dr J C Vashista (Expert) 29 July 2014
@Paras Singh,
Are you really unable to pay Rs. 5000/- out of Rs. 34,000/- to your wife?
Do you feel aggrieved by the order passed by JMFC and submitted an appeal/ revision?

Being a private company your employer do not fall under the preview of RTI Act to reply your wife's question. She cannot be given the information regarding your salary. However, if she wants this information through the process of Court the company will have to provide, which you have already stated to have filed.

Alone take home salary cannot be considered for grant of maintenance, rather income from all sources and liabilities will be considered.
malipeddi jaggarao (Expert) 29 July 2014
Agreed with Dr.Vashista.
The Company is not legally bound give such information.
Your take home pay is no relevance for granting maintenance.
Guest (Expert) 29 July 2014
Of course, company is not legally bound to provide details of your salary to your wife. However, on court's order, company can be compelled to provide details to your wife or directly to the court.

About your salary, you have not mentioned on what account deduction of 19,000 out of your salary of 34,000 is made by your company.

About your query, "income tax return copy is considered as income to grant maintenance OR only take home salary is considered," take home salary is irrelevanty for the purpose of grant of maintenance. If you are subscribing exorbitant amount in to your PF as compared to the minimum percentage of your salary that may not work in your favour to exempt you from paying legally permissible amount for maintenance. The judge can consider your IT return to be the ideal proof of your income.

Anyway, you can't avoid maintenance unless your wife is earning income sufficient for her maintenance. If she has claimed only Rs.5,000 out of your total salary of Rs.34,000, you should feel lucky that she would be satisfied merely with that much amount instead of insisting for 1/3 of your salary, excepting permissible deductions on account of some allowances or so.
Sudhir Kumar, Advocate Online (Expert) 29 July 2014
agreed with Mr Dhingra I will add that if it was Govt company your wife could have used RTI.


But why do you want to hide truth from court?
V R SHROFF (Expert) 29 July 2014
Paras,
better pay 5k,
it is in ur fvr..
court consider gross pay , and your liability of parents/ wife, & need of wife..
So order is proper.
ajay sethi (Expert) 29 July 2014
RS 5000 is reasonable amount awarded by court as maintenance . comply with said order
Paras Singh (Querist) 29 July 2014
Dear Sir,
Thanks for the reply. I am not cheating the law. I had already presented my salary slip. My Gross salary is Rs 34000, Out of which Deductions were as follows
1. Telephone bill[C.U.G] - Rs 700.
2. Electric Bill - Rs 700.
3. P.F contribution - Rs. 2000.
4. Canteen deduction[ Tea & snacks)- Rs. 700.
5. Loan taken for treatment of mothers knee surgery E.M.I of Loan - Rs. 15000.

After deduction i get Rs. 15000.
In this 15000. I have to travel 1500 kms to & fro to attend the trial . So Rs 5000 per trip per month.
I am taking food in hotel so Rs 3600 p.m for fooding.
I am having L.I.C policies which i was unable to pay the premium due to shortage of money.
I have to give lawyers fee.
So i have to take loan from company once again.
This is the total calculations.
The total remaining is zero.....
I had taken loan from my friends & colleges
Note - I don't have any other source of Income.I am engineering diploma holder & my wife is m.C.M holder she is more educated than me & she was taking tutions in the past. She belongs to well settled politicians family.
Guest (Expert) 29 July 2014
Anyway, you will have to bear with the mainenance of wife at least till she starts earning for herself. However that depends on how the judge takes in to consideration about emi of loan taken for your mother's treatment. Rest of the expenditure like travelling and lidging & boarding in hotel you will have to bear under compulsion till the case continues.

So, better, you try to compromise with your wife on mutually acceptable terms to save yourself from getting ruined in life.
V R SHROFF (Expert) 29 July 2014
NO CHANCE... PAY 5K
TRAVEL BY II SL for court proceedings/ take Exemption/ ask Lawyer to call u only when necessary.. TO SAVE FURTHER 3500 PM +
Sudhir Kumar, Advocate Online (Expert) 29 July 2014
or else try peaceful reconciliation.
Sudhir Kumar, Advocate Online (Expert) 29 July 2014
if this is you income and expenditure then what do you gin by hiding it from the court.
K.K.Ganguly (Expert) 29 July 2014
1. There is no justification in your refusing to pay only Rs.5 K as interim maintenance,

2. The Cout may order you to ' beg or borow but maintain your wife'.
Rajendra K Goyal (Expert) 29 July 2014
Replied by the experts in all respect, maintenance has to be paid.
Devajyoti Barman (Expert) 29 July 2014
The maintenance should be more than rs.5000/- and your income should be considered as Rs.34,000/- and the court can grant anything between 1/5 - 1/3 of this amount.
Devajyoti Barman (Expert) 29 July 2014
The maintenance should be more than rs.5000/- and your income should be considered as Rs.34,000/- and the court can grant anything between 1/5 - 1/3 of this amount.
T. Kalaiselvan, Advocate (Expert) 30 July 2014
The query has been properly addressed by all the experts, the author has been cornered, now he has no option than to pay the maintenance amount ordered by court because even the district court may not be convinced with such explanations of the break up given by the author with regard to his salary.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :