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Ravi (a)     28 November 2017

Salary details from company

i got to know from my lawyer that the opposite party is planning to file a petition in court to get salary details from my current employer. i have few queries to that...

1. is it possible/right in the legal act? if so , what section?

2. my compnay is a big international corporate. will they send the details without talking to me?

3. is there any risk of temination of my employment because my employer coming to know about dvc/maintenance cases?

4. is it not a valid ground of terminaction? will i get divorce?

5. is it ok to resign the company? after company sends all real salary details to the court.

Please explain above points.



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 14 Replies

Sachin (N.A)     28 November 2017

Court may order to call your salary details and its obvious your company have to send the details. Court can also attach your salary. There is no use of leaving the job infact it will backfire you as court only needs to know your salary detais even if you leave the job still court will consider that salary as a proof of your earning capacity. Its better to file your current salary slip so court will not summon your company

Ravi (a)     28 November 2017

ok thanks.

what if company terminates me on a valid ground? will court accept the "change in circumstances"? and look at the current earning capacity.

 

Sachin (N.A)     28 November 2017

Originally posted by : Ravi
ok thanks.

what if company terminates me on a valid ground? will court accept the "change in circumstances"? and look at the current earning capacity.

 

 

If you can prove both the things court may consider.

But will court still ask you to pay arrears as per your previous earnings

Ravi (a)     28 November 2017

ok thank you for your reply.

when company comes to know about dvc/maintenance cases direct from court due to petition u/s 91, will company get any right to terminate me?


(Guest)

Even if you dont have job you need to give alimony to wife and kids.  YOu cant get away.  You can get plastic surgey done and run away from countyr if u cant pay you iwll go jail.

Ravi (a)     28 November 2017

tell me one thing..

1. company terminates me on valid legal ground

2. after termination, if i show low income details becasue i got job with much difficultiy.

 

1. will court consider this?

2. based on low income, court will grant the maintenance on low income only?

please clarify these 

 

SHIRISH PAWAR, 7738990900 (Advocate)     28 November 2017

In my view on the basis of your present case company cannot terminate you. Now a days this is happening with lots of employee. However if court orders to furnish the details to company then company has to furnish the information regarding your salary. It is your responsibility to maintain your wife and chilldren if any. You cannot escape the responsibility. 

Ravi (a)     28 November 2017

when i said it is not my responsibility. i am saying why i would pay huge maintenance on my current salary? and that too, for the fault not done by me in marriage life.

what i am asking is i will pay maintenace on low income after getting terminated from the present company and try to join a low salary job. is this possible?

 

 

 

Kumar-the fighter (private job)     01 December 2017

If your wife is a capable and working person, no need to pay maintenance. There are lot of judgements on that.

Ravi (a)     05 December 2017

Thank you everybody.

today, my company has given me a notice due to poor performance and asked me to resign.

 

1. is it called termination or resignation (if i resign) in the court?

2. court will reduce all maintenance due to the changed situation.

Please clarify.

Rishi kumar   05 December 2017

Whatever it is termination or resignation, you do not have a job. In our country women seek rights to drink and dance during the wee hours along with men., but when it comes to  taking up a job suddenly she becomes the abala Naari. 

Like you and me.,the magistrate  is also scared of us. If we give enough proof that we are working on a small salary,  with proof, that is enough. So take up the small job as you had written earlier and furnish the details to the court.  Currently, if you are drawing say, 25000, the magistrate won't be able to sanction a maintainance of more than 1/4 of the said amount. If a couple of litigants, who have resources to do that, go the high court against the huge maintenance, the all powerful magistrate will also get a rap on his knuckles. Respect the law, respect the court, but that doesn't mean the woman who was your wife can't be allowed to pull you to the streets.  Bow, but do not break.," Sathyameva jayadhae" is written in court walls, but what is the use of winning after you become KANGAAL by paying huge maintenance to this evil wife?

Kumar-the fighter (private job)     06 December 2017

It is resignation only,  you can not say it as termination.

Ravi (a)     08 December 2017

ok. i can try to ask my company to not terminate but reduce the salary according to their wishes. And say if the company reduces from Rs. 100 to Rs 20

 

1. does the court consider Rs 100 or Rs 20 as my earning capacity?

2. do i need to give any explanation to the court why Rs. 80 is reduced?

3. will the opposite lawer argue to consider Rs 100 and not Rs. 20? will his argue stand in front of the law or judge?

 

Please clarify these. My next course of actions depends on your answers.

Rishi kumar   08 December 2017

Reading your posts, I presume that you ARE a very important person as far as your company is concerned. Otherwise your employer won't come down this much to help you. But you SHOULD. Have got yourself TERMINATED in the beginning itself. Read Vivek Devassars book on how to reduce maintenance. Several times, again and again. If you do it now court will think you are making a fool of the system, but if the wife lies thro the teeth and writes contradictory things, the court will shut up and sit. She will write husband is impotent and add he s*xually abused me on the same paragraph.She will write,he never took me anywhere all these years and when you produce authentic  documents of innumerable vacations, she will then say my father paid for it. Still the court will tell your wife should enjoy the same status she was enjoying in your home where as she would have written that she was treated like a maid sans food and still ask for 50k to maintain the same status. No wonder we end up turning slightly criminal from law abiding and God fearing middle class values men. Now do your own thinking and act . 


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