sandykrish (Interested in Family LAW) 26 July 2013

Crpc 125 maintenance

Hi All,

Need your guidance in one of the tangle. Married in the year 2012 Feb, wife deserted on December, 8 months of constant effort to bring her back went in Vain. Applied for Sec 9 RCR, she has countered with Crpc 125 for maintenance. In fact she is working in a prestigious IT company in Bangalore earning close to about 80 K per month. I am also working with a salary of 37 K. She has made all baseless allegations now claiming for maintenance.

Need your guidance how to inform the court that she is employed and earning 80 K per month. I dont have sufficient proof but in the legal notices that we have exchanged she has told that she is working and staying in PG.

Please help.

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12 Replies

sandykrish (Interested in Family LAW) 26 July 2013

Hi Respected members of the LCI Forum,

Your suggestions are well appreciated. Looking forward for some suggestions.

Adv Archana Deshmukh (Practicing Advocate) 26 July 2013

Appoint a lawyer to contest your case. You should gather proof regarding her employment, her salary etc so that you should not be saddled with maintainance when she in fact does require.

ashoksrivastava (scientist) 26 July 2013

If she doesn't turnup for sec9 hearings you will get exparte decree in your favour. Then no maint will be granted to her, whatever be her salary. Regards Ashok

sandykrish (Interested in Family LAW) 26 July 2013

Hi Archana, I have her linkedin profile where she neatly indicated her designation and educational profile. I have got her employee ID too. But I dont have the pay slips and form 16. In the series of legal letters exchaned she has clearly mentioned she is working and staying in PG. Will the proof hold good for me?

(Guest)

If you got her working details then why don't you send legal letter to her company asking her job profile and salary.Have you conveyed this to your advocate.

sandykrish (Interested in Family LAW) 26 July 2013

Hi Sufferer,

Will the HR department of her company will agree for this? Generally IT companies dont entertain responses for civil suits?

(Guest)

Better you seek permission from court to appoint court commissioner for getting her income details.

He will send letter for seeking her income details from that particular company.No company can deny the court orders.

sandykrish (Interested in Family LAW) 26 July 2013

@ Sufferer I really aprretiate your responses. Wanted reviews from the experts in Matrimonial disputes.

sandykrish (Interested in Family LAW) 27 July 2013

Hi Members, I have an update finally was able to Get her PAN Card details and acknowlegment copy / ITR returns copy of 2011-2012 filled by her. In addition to this I have her print out of LinkedIn page where she has updated her educational qualification and currently where she works and her designation and in addition to this in the series of legal notices exchanged she has herself stated that she is working and staying in PG. If I submit the above docs will court accept? P.S. No children from this marriage.

sandykrish (Interested in Family LAW) 27 July 2013

Respected members still awaiting your inputs.

Adv. Chandrasekhar (Advocate) 27 July 2013

Engage an advocate as Ms. Archana advised. He knows how to summon the records from the employer to prove her salary during the evidence stage of the case.