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harveensodhi   08 March 2015


I have filed a DV case against my husband and the interim maintenance order has been passed. My husband has submitted his I-T returns to the court of the previous year but, I am not happy with the amount I have received. I am sure that his salary is more than what he has filed in the I-T. Is there a provision in DV law to summon his employer to court or ask them to submit his salary slips? 


 31 Replies

Pinakin Joshi (Independent)     08 March 2015

there is no any provision!!!!! keep in mind that you are giving light to fire your happy house

harveensodhi   08 March 2015

No happy house hence a DV. No way can I summon his employer or salary slips? His IT returns are fabricated according to me. Let me know please

Adv. Chandrasekhar (Advocate)     08 March 2015

Yes.  There is a provision. There are two methods, (in some cases three methods) to achieve this objective.  1.  File an application immediately in the court praying the court to direct the husband to file his duly authenticated salary vouchers and his bank accounts and income tax returns and an affidavit showing his earnings from all sources.  OR 2.  File an application in the court indicating his employer's address and summon his salary record in the court.  This application will be allowed and the employer will be summoned to send the record through some competent person.  There your advocate check the record in the open court and if there is any concealment on the part of the employer or any manipulation on the part of husband in the production of the requisite material, appropriate questions would be put to such an official and bring out the truth to the light.  3.  In case he works in Government organnization, you can file RTI application and get the requisite information and place it before the court through approriate application.

Wish you best of luck.

Pinakin Joshi (Independent)     08 March 2015

Sorry sir..... in this case... can't court call for records directly from husband???? rather than employer????

production of (false) evidence could be???? IT returns are sufficient..... no need to call for employer's in court/records

harveensodhi   08 March 2015

husband has already provided his form 16 and IT returns of last years. He works in a multinational. Will my application still hold valid. Interim maintenance has been awarded a year ago and application of increase in maintenance was rejected recently.

Pinakin Joshi (Independent)     08 March 2015

your application is not valid..... do you think..... judges are fool??? A person who is submitting ITR (a docs. submitted to Govt. Of India) which is the most reliable & authentic docs..... the rest is not possible...... futther, do you know the meaning of MNC??? how it functions??? what are their roles and responsibilities??? 

How court can call such MNC to clarify on their records which are statutory.... only because of your personal (stupid) dispute

sandykrish (Interested in Family LAW)     08 March 2015

Typical Metro women is this author. Provoked by parents and hence DV. I'd advice her husband to deposit cash at court counter and ask wife to go to court twice to collect the money. If wife is writing such a nice wordings here at the forum, she is well qualified and the court has not considered this while arriving at interim maintenance. @Pinakin well said. She even don't trust the ITR document issued by Govt, how will she trust Husband. Better sit and arrive at settlement and go for MCD. This is way for Metro Women in India.

harveensodhi   08 March 2015

Why should I be provoked by parents. I know what I am doing. I have a responsibility of 12 year old twins....if I go out to earn who will look after them? And what is wrong in asking money from father of my twins? He is responsible for their upbringing as well

sandykrish (Interested in Family LAW)     08 March 2015

Nothing wrong in asking. We know your Husband very well. Will ask him to apply for custody rights of children's let the child stay with whom they wish to stay. All the best.

Born Fighter (xxx)     09 March 2015


You have not shared your educational qualification / work experience details...

The Interim maintenance amount is awarded a year back, if you are unhappy with the amount then why don't you immediately start looking out for a job and support for the upbringing of your children. They are 12yrs old now, so cant understand why you have to stay unemployed, if you look around there are hundreds of women who keep working despite hectic job schedules...... also there are many work from home job options available ....from your language you seem to be a well educated women.

Im not taking sides as im unaware of the merits of the case, but please understand and accept that your husband has produced all necessary legal documents which are accepted and hence IM is awarded. Now if you think your husband doesnt want to pay you more what do you think is the best /immediate/ alternative ??? to keep suspecting/complaining or start contributing for your kids ?

Choice is yours mam.

Also one hard fact is that most lawyers (though not all) keep telling women clients that they will harass husband so that he pays up higher maintenance but there are smart and cunning husbands who know how to reverse the tactics and make the women run for money.

So for betterment of children i suggest take up suitable employment, your husband will support for kids and he has to by law no matter whether you start earning



harveensodhi   09 March 2015

I am a commerce graduate with no work experience. Never had worked before. So what are my options? All I know is to take care of kids. So do you suggest doing a daycare job? But the strata of the society I live in would not probably appreciate it..so now tell me what are my options. 


Adv. Chandrasekhar (Advocate)     09 March 2015

Law is clear. If u are unemployed and children are living with u, you and your children are entitled to maintenance. U apply for jobs and keep the copy of applications intact with u to show the court that u have been attempting for jobs. File maintenance case and you all will definitely get maintenance.

Born Fighter (xxx)     10 March 2015



 .... the wife here is already getting maintenance....she seems to be unhappy with the quantum and thats her query

Also i beg to differ that law is clear n that if women is unemployed and children living with her then she is bound to get maintenance for all, there are many citations and judgements where maintenance is denied to unemployed  wife  (not kids though ) on grounds of desertion, adultery, ability to get employed based on her education and work experience /merits of case

Born Fighter (xxx)     10 March 2015



Ms Harveen...im suggesting work from home jobs or business, many women do it to earn money and support the family. Nothing is impossible and difficult if you have the will power. All the Best !!

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