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R. K. Singh (Business)     05 January 2019

Petitioner woman not giving her salary slip crpc 125 mainten

Dear Members

A woman has filed petition under section 125 CrPC seeking maintenance from her husband. She is employed and getting salary. At the interim maintenance stage, even after written applications from respondent, she only filed affidavit on salary income but has not submitted salary slip. Husband has no means to verify whether the salary amount disclosed in affidavit is true or false. Now respondent husband is to file reply on the issue of interim maintenance along with affidavit. 

How can woman claim interim maintenance without filing her salary slip when she has admited she is employed. Is there any judgement which says that filing of salary slip is must and mere affidavit is not sufficient.

Thanking You



Learning

 4 Replies

Shailendra Sonkar ( )     05 January 2019

what is the reason behind not giving salary slip, if she is genuine and really need maintenance.

Sachin (N.A)     05 January 2019

File an application u/s 91 CrPC ie. Summons to produce document

1 Like

pankaj verma   05 January 2019

satisfied with mr. Sachin ...you can also call the manager or concerned authority or person of bank about her job profile and salary......9816374011

R. K. Singh (Business)     06 January 2019

GETTING SALARY SLIP FROM EMPLOYER

The issue of calling information from the concerned employer / application CrPC 91 was discussed. Concerned advocate is of the firm opinion that this can be done only during the stage of evidence and at the present stage of interim maintenance this step cannot be taken. If this view is not correct then is there any legal provision or judgement which can be brought to the attention of concerned advocate?

GETTING SALARY SLIP FROM PETITIONER

Is there any legal provision or any judgement which says that filing of salary slip is must even at interim maintenance stage and mere affidavit of income is not sufficient.


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