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tutor   20 August 2015

Documents to produce in court on working wife - crpc 125

My wife has put me a case u/s CrPC 125 for maintainance. She has hidden her working information in the petition. But she is now working in IBM bangalore. One of my friend working in IBM gave me details about her from employee database of IBM in pdf copy - details contains, Name, Email id, Working location, Office Address, Reporting Manager etc.

Is this details sufficient to prove in court that she is working?



Learning

 7 Replies

Born Fighter (xxx)     20 August 2015

Do the following 1) You need to get the Salary slip of your wife , that will be the most important and deciding document to decide on maintenance for your wife. Since you have a friend in IBM you can try and get that OR 2) You can make an application to the court to summon her employer (name her reporting authority) to produce details of her income to the court. Note being a private company the company may not honour the summons and you cant do much, so best get her salary slip 3) Get a Placement Consultant to call her and offer her a fake but better job with another IT company , if she falls to the trap, you will get an admission from her on email about her employment details including salary OR $) Produce her bank statements to the court

Q Slinger (NA)     21 August 2015

I don't agree with Brother Fighter in point 1 and 3...Unless u get her salary slip thru legal methods, its inadmissible. Getting a recruiter to call you and recording the conversation is also fruitless.

Point 2 I agree with. File CrPC 91 and ask the court to ask her to submit all her banking records. In the same CrPC 91 ask the court to direct the company to submit and affidavit about if she is working there are not and if she is, how much she is earning. Companies WILL HAVE TO comply, else it will be contempt of court. Remember, if they don't listen to trial/family court, appeal it in High court and then they have to listen.

Also, as a strategy, wait till your wife has come on the stand and, under oath, made a statement that she is not working. Once she has done this, and you file for CrPC 91, then ask the judge take up perjury charges against her.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 August 2015

Submit the details of her emploment in the court immediately.There is a Supreme Court and High Court's ruling that no maintenance should be paid to a qualified and a well employed wife.

Born Fighter (xxx)     21 August 2015

Tutor, 

You have every right to defend yourself by producing whatever documents you can gather on wife employment. No where i have suggested to get these docs illegally. You can produce these documents in a proper way in consultation of a lawyer. 

Q Slinger, can you pls enlighten us under which section of law will these documents not be admissible in the court ? There could be a debate on the authenticity of the documents but court will not stop to submit these docs. I would also like you to read the case of one of our member "Kapil Shah" who has produced all docs to prove wife's earning but still the Hon'ble court has overlooked and granted maintenance to the wife, and husband is now running pillar to post figuring out why this has happened n what should be done.

Also you need to be quick than strategizing at this point as Hon'ble courts will not wait for you to complete your strategy and by the time you realize that the maintenance order would have got released.


(Guest)

It might help, but the employer need to be summoned to the court, by issuance of summons in person in court hall. Only then it can be of help, printouts like that I can also give you 100, but that wont stand in court of law, it needs seal signature as well as physical evidence in witness box inside court hall, only if that can be done, her working status will be proved, but as it is IBM and it is a private company, it does not come under puview of government, she can as well manage with her manager to not provide details regarding her and keep her account details citing that you are troubling her and as this is a woman oriented world, and all wag their tongues for women, this is of no use to pursue, but you may still pursue it only with the hope that some sane judge will favor your evidence and cancel the alimony granted and based upon suich judgement and depositoin in court, you can file later perjury case on her that she lied under oath in the court of law, punishment for lying in court of law under oath is 7 years imprisonment and 50000 fine.

 

All the best in pursuing this matter,

tutor   23 August 2015

Thank you so much to all.

 

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     25 August 2015

you may summons IBM authority as witness for prove her work


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