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Siddharth Kulkarni (Software professional)     07 June 2010

Employment Proof

My wife in her petition states that she is household and her father has taken up a job after retirement to support her financially as she doesnt have a source of income.

I have learned that she is employed. I know the name of the company too. I would like to know how i can gather evidences of her employment? What are the legal ways to do the same? What if her HR says to the court that she is a consultant and not an employee?



 5 Replies

Siddharth Kulkarni (Software professional)     07 June 2010

Just to add above. I intend to maintain her under justifiable limits. But i dont want to be a prey to legal extortion.

mrgop (Owner)     07 June 2010

Is it possible to move an application under RTI act to get the employment and salary details of a particular person? Is RTI act applicable to private firms also? 

Siddharth Kulkarni (Software professional)     07 June 2010

i exactly have  the same questions. Also can a lawyers notice be sent to the employer to furnish details and request appearance in the court as and when required.

Guest (Guest)     07 June 2010

Mr. Kulkarni,

There are two methods to bring the evidence before the court.  The first is to engage a private detective and obtain photo graph proof of her working in that organization along with documentary proof of her receiving salary / remuneration.  Then at the time of evidence, place the detective's report along with these documents and also bring the detective in the witness box for the purpose of examination and  cross examination.  The other and better suited method is to move an application at evidence stage to summon the organisational representative, where she is working,  to bring the employment related documents pertaining to her and also examine him about her employment particulars.   The RTI route is not applicable if the organization is a private one.  Whether she is an employee  or consultant is not of much consequence in matrimonial maintenance cases, but it is important  that whether she is earning regularly or occasionally.   The occasional earning as a consultant will be ignored by the court for deciding the maintenance.

mrgop (Owner)     07 June 2010

Originally posted by :Prabhakar
"


Mr. Kulkarni,

  The RTI route is not applicable if the organization is a private one.  

 

"

 New Delhi: India's private sector companies are no more exempted by the Right to information act. M.M. Ansari, information commissioner at the Central Information Commission that oversees the implementation of the Right to Information (RTI) Act, 2005, told a national daily that as long as these companies reported to a regulator or a government department, they were within the purview of the law.

The commission said the companies would not have to appoint information officers to deal with right-to-information demands the way government entities do. Applicants will route their requests through the relevant agency.


"Applicants have every right to seek information on a private company even though it is in the private sector, if it reports to a government body," said Ansari, citing sections of the Act that made this possible.
 


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