How to get salary / HR Details from organization
OneHelpLessHusband
(Querist) 28 December 2009
This query is : Resolved
Experts,
My wife under PWDVA 2005 has filed a case against me in May 2009 demanding compensation and maintenance which is currently sub-judice.
2 weeks back, she has submitted an additional affidavit to court that she has started working in Trident Hyundai, Sankey Road branch, Bangalore since December 1st 2009 with a copy of the offer letter also attached with a take home salary of INR 10,000, stating that this is very income and hence she needs additional amount from me as maintenance.
Additionally i found out that my wife is employed in Trident Hyundai, Bangalore as a Senior Sales Consultant from 1st June 2009 and NOT as December 2009 as submitted in the affidavit and i believe that the offer letter submitted is fake.
Please advice how can i force the organization - Trident Hyundai to provide her employement details including Employment Date, Salary Details etc to substantiate that my wife is earning enough to sustain herself and DOES Not require maintenance as requested under the case.
Regards,
Her Husband
PS - We are living separately since the last 8 months since she filed a false 498A against me and have me arrested.
Guest
(Expert) 28 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE SALARY DETAILS OF YOUR WIFE KINDLY NOTE THAT.
1.BEFORE I ADVISE YOU KINDLY ALLOW ME TO TELL YOU THE FACT THAT NOWADAYS MOST OF THE PRESENT ACTS ARE IN FAVOUR OF MARRIED WOMEN.HENCE IT IS ADVISIBLE TO JUST COMPROMISE THE MATTER IF POSSIBLE OR ELSE YOU MAY HAVE TO FACE MULTIPLE LITIGATIONS IN FUTURE.IN CASE IT IS BEYOND COMPROMISE THEN FILE PETITION FOR DIVORCE AND JUST CLOSE THE MATTER.PLEASE NOTE.
2.STILL YOU NEED TO COLLECT THE SALARY SLIP OF YOUR WIFE THEN YOU MAY SUBMIT AN APPLICATION IN THE COURT TO ISSUCE SUMMONS TO THE EMPLOYER TO BRING ALL DETAILS OF DATE OF JOINING AND SALARY DETAILS OF YOUR WIFE.HIS EVIDENCE WILL BE RECORDED.AND IT MAY REDUCE THE MAINTAINENCE AMOUNT PAYABLE TO YOUR WIFE.
KINDLY NOTE THAT YOU MAY SUBMIT THE APPLICATION IN COURT ONCE THE EVIDENCE OF YOUR WIFE IS OVER AND YOU HAVE ALSO SUBMITED YOUR EVIDENCE IN COURT.
IN CASE YOU NEED ANY FURTHR HELP KINDLY SEND DETAILS ABOUT DATE AND PLACE OF MARRIAGE AND RELIGION FOLLOWED BY BOTH THE PARTIES AND ALSO PLACES LAST RECIDED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
OneHelpLessHusband
(Querist) 28 December 2009
Dear Mr. Sawant,
Thanks for your reply. My response are
1) We have already went through the entire charade of compromise - mediation, marriage counselling etc etc and now the wife is NOT ready for compromise. As part of the counselling, i was asked to return back and start living together again, which i erroneously did as 4 days later, wife went to the local police station and filed another MCR stating that i stole 50,000, her jewellery and other stuff and also threatend her again. So COMPROMISE is not an option as per her.
2) Any specific act/section underwhich i can indenpendantly approach the court to instruct the employer, kindly advice on that so that i can file for it before the judge passes the final order.
Ajay Bansal
(Expert) 28 December 2009
You may bring the record of your wife's sailry in court in defence evidence, after depositing diet money of a witness,who is keeping the sailry record of your wife.
Raj Kumar Makkad
(Expert) 28 December 2009
You move an application before the court wherein the matter of maintenance of your wife is going on praying therein to summon the record of provident fund, salary register of all employees since JUNE 2009 TILL TO DATE, Vouchers of salary, cash book, attendance register since the same period. The truth shall prevail therefrom and no company shall bear such burden from the side of court. Get your application allowed, deposit expenses to be ordered by court for this purpose and see the results. Such huge record cannot be prepared fake by any company just to save the skin of an employee.
