DV victimmmm ( ) 17 September 2013

Old salary slips in crpc 125 case

Dear experts,

I am married since last 5 years and I have a kid. My wife has filed crpc 125 case last year back She had filed domestic violence case two years back and it was dismissed by JMFC court this year and she did not get anything out of it. DV case was dismissed because i could disporve most of her allegations and she did not prove any kind of domestic violence. Allegations in crpc 125 and DV case are exactly same.I had to resign from my previous company because of ongoing cases as the cases are filed in my native place where I live now.

My wife has brought my salary slip of my previous company now somehow. I have following questions regarding it.

1. My salary was around 65 k while I was in service, but I am jobless right now, I received summons of crpc 125 at my native place only(a small city). can the judge give maintenance to her as per my salary?

2. Can I file RTI to income tax department to show the family court that my income in the last year was zero.

3. does my wife have to prove the salary slip by bringing the company officials in the court?

Thanks a lot in advance for your suggestions and advice.

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4 Replies

Tajobsindia (Senior Partner ) 17 September 2013

1. No.

2. Also note if Company asked you to resign and you have relevant company document to state so for material records of wife's case then your current joblessness status will be considered and your case SHOULD go down 'minimum wage act pre-ponderence principles' based on that town's average minimum wage records based. However, if you resigned on your own and just have ‘accepted’ resignation letter then do produce the same annexing with an affidavit but here the ‘capacity’ of earning will be considered and based on petitioning wife status the case will proceed in accordance with law.

3. You must have filed ‘0’ income tax in financial year and must be having ‘official stamped receipt’ of your ITR that is proof enough which can be affixed to an affidavit and filed in Court.

4. If allowed witness from previous company then she may ONLY BE ABLE TO prove your last salary – earning capacity that is all but then para 2 and 3 are your counters!.
Suggestion:
If you are claiming what you have to claim here then do register yourself into local Un-employment Exchange roster and produce slip of Registration annexing it to an affidavit while filing reply to her claims. Also a husband once earning 65 K should be currently shown to be earning bare minimum be it under change circumstances and cannot be said to be un-employed! Take last sentence in whichever spirit you may deem fit but I thought I should remind you how civil Laws works rest is your shadow tagging some (lady) luck as and when a award as per title of the brief is announced favoring you or favoring her!!!.

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(Guest)

Originally posted by : DV victimmmm

Dear experts,

I am married since last 5 years and I have a kid. My wife has filed crpc 125 case last year back She had filed domestic violence case two years back and it was dismissed by JMFC court this year and she did not get anything out of it. DV case was dismissed because i could disporve most of her allegations and she did not prove any kind of domestic violence. Allegations in crpc 125 and DV case are exactly same.I had to resign from my previous company because of ongoing cases as the cases are filed in my native place where I live now.

My wife has brought my salary slip of my previous company now somehow. I have following questions regarding it.

1. My salary was around 65 k while I was in service, but I am jobless right now, I received summons of crpc 125 at my native place only(a small city). can the judge give maintenance to her as per my salary?

2. Can I file RTI to income tax department to show the family court that my income in the last year was zero.

Mard ko kaam karna chahiye. If not 65k at least 6 k you should manage to earn and show to court that this is your earning now stating change in circumstances.

If you have not done this, then you are bound to be in more trouble than ever.

Or do one thing go to employment exchange and get letter that you are unemployed, even this one you should have done long long back.

3. does my wife have to prove the salary slip by bringing the company officials in the court?

Thanks a lot in advance for your suggestions and advice.

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T. Kalaiselvan, Advocate (Advocate) 18 September 2013

The onus to prove your income through your salary and other sources lies on your wife, you produce the documents of having resigned from that company and that you are unemployed now, it is enough on your side for the present.

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stanley (Freedom) 19 September 2013

@ Author

Maintenance at any cost would be passed under minimum wages act . As you were being paid 65 K i presume you can get a 6k paying job very easily as suggested by Helping Hand . Hence produce the 6 k Slip in court stating your present source of income under change of circumstances .Maintenance is based on your present source of income and not on the past .Although the opposite counsel would agitate and jump like a monkey inside the court premises trying to prove your earning capacity from your present source of income which would be fruitless .

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