rakshit (others) 29 July 2014

Filing cpc 151 on arguement day

Sir,

My wife has filed IA maintenance case against me under section 24 in Bangalore and I have filed objection

for my wife maintenance claim because my wife is working in private company and she is post graduate.

Note : I am petitioner and my wife is respondent in divorce case filed.

Now court has given us next date for hearing on 11th August 2014 for Arguements/Hearing.

My Question :

1) Can I apply for CPC 151 on 11th August 2014 to get my wife Salary details.

I know my wife office name and address.

2) Will Judge/Court accept my CPC 151 on arguement day to get my wife salary details

3) If not can I file for CPC 151 within this week by putting an Application

4) Is there any format for CPC 151

Thanks in Advance

Raksh*t

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 29 July 2014

1. Yes you can file on next date of hearing and press for your Applications disposal either way first.

2. Seek help of an Advocate to draft; call for income records under this Section.

T. Kalaiselvan, Advocate (Advocate) 31 July 2014

You should have filed the petition at the time of filing your counter for IA itself. However, even now you can file the same and for this you do not have to wait for the next date of hearing, you can file an advance hearing petition to allow and hear this petition. Your lawyer will take care of the format, contact him.

N R Dash.. (Advocate) 04 August 2014

Raksh*t,

Your next date of hearing might not be the argument day. But yes, you can always file an application u/s 151 seeking production of the salary sheet duly certified by the employer. It is the discretionary power of the court to allow the application on reasonable grounds.

Your wife or her counsel may deny your plea that she is employed.
You will have to give reasonable proof so that the court will take cognizance of your application & pass an order directing your wife to produce the document.

My friend, we have some favorable laws in INDIA also the courts show some extra bit of lenience towards the women. Hence, do take the help of your counsel to draft the application & do not forget to mention or enclose circumstantial evidences.