How to get employment details of working wife-to prove in 125
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
Wife under CrPC-125 and got maintenance for her hiding the fact she was working and now i came to know that she is working in private matriculation school.
In the list of teachers and staff her name is not mentioned in RTI reply from the school.
To avoid EPF the school record show only 19(since 20 & more staff- EPF is must as per EPF rules) employees working.But she is working in the school without showing her name in the list of employees.
How to get this proof to submit to the court?
Please suggest
Kiran Kumar
(Expert) 03 June 2011
you will have to bring on record some documentary proof, it may be in the form of income tax return or some other relevant document like salary slip or certificate from employer....you will have to summon the witness and record.
Guest
(Expert) 03 June 2011
yes i agree with the expert
Devajyoti Barman
(Expert) 04 June 2011
You can summon the concerned official of the school and examine him in the court. In the court the school authority is unlikely to hide the truth.
PALNITKAR V.V.
(Expert) 04 June 2011
The concerned official may not support the husband since the school is already helping the wife by not showing her employment on record. But as said Mr. Kiran Kumar, there should be some record about the payment. However, it will be very difficult to get it since the school is shielding the wife. you will have to search the record of other offices like IT, local education dept controlling the said school etc.
Advocate. Arunagiri
(Expert) 04 June 2011
You can file a petition against the wife for production of documents.
Querist :
Anonymous
(Querist) 04 June 2011
without having any supportive evidence, how a individual can be summoned? it was very well planned by the wife side. She is hiding with the help of school people.And as usual the lady sympathy works. Everyone know about it. Even if a lady caught at red-handed, the simple way to escape for them,is sympathy. Both in the society and also in legal systems through gender biased laws of our country.She lied in court got maintenance and also coolly working without any proof.
Querist :
Anonymous
(Querist) 04 June 2011
I wish to highlight the SC-Civil Appeal No. 5239 of 2002- For many centuries, Indian society cherished two basic values of life i.e., 'Satya' (truth) and 'Ahimsa' (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral Dart of justice delivery system which was in vogue in pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do no hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.
prabhakar singh
(Expert) 05 June 2011
LEAD ORAL EVIDENCE,GET SOME FROM LOCALITY WHERE THE SCHOOL IS AND LET HIM SAY HER A TEACHER IN SCHOOL,HE SEE HER DAILY GOING IN SCHOOL,OR CATCH A STUDENT OF HER CLASS,THEN APPROACH TO HIS PARENT AND REQUEST HIM TO LEAD ORAL EVIDENCE.
IT APPEARS YOU SHALL NOT BE ABLE TO GET ANY DOCUMENTARY EVIDENCE IN ABSENCE OF SUPPORT FROM SCHOOL AS HER SALARY INCOME MIGHT NOT ATTRACT HER TO FILE INCOME TAX RETURN,SHE MIGHT BE GETTING OFF HAND.
