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Ranjana khatri (housewife)     13 July 2014

Find husbands salary

I am fighting divorce and child custody case. I am from a small town and there is no job for me here. My husband refuses to support me and my 4 year old. He himself is making handsome salary in a metro city. I have to stay with my parents in this small town as I have no where to go for support. How can I find which company my husbsnd works for? I thought of Private detectives but they are very expensive. Also once I find his company which definitely will be an IT firm can I demand them to give me his salary info in writing through RTI? What are the ways to get hold of where he works ? Thanks in advance


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 8 Replies

Laxmi Kant Joshi (Advocate )     13 July 2014

Why didn't you had filed maintenance case for you and your child u/s 125 crpc , if you had filed then move an application in the same court and make a request to the court to direct your husband to produce

Laxmi Kant Joshi (Advocate )     13 July 2014

Why didn't you had filed maintenance case for you and your child u/s 125 crpc , if you had filed then move an application in the same court where your case is running , make a request to the court to direct your husband to produce salary detail and his office address before the court .

gautam (not disclosed)     13 July 2014

if your husband is doing a job and you know the company name, you can file application for maintenance and ask court to call for his Form 16 or salary slip that will be enough to find about his salary

 

However, you look educated too, suggest to find some employment that will allow you to bring up your kids better.

Ranjana khatri (housewife)     13 July 2014

Thank you for responding. I live in a very small town with parents n hence no job. I tried to take tuition classes but my husband had ruined my reputation in my society saying that I sleep with every other man. Even this post is through a friends email account. I have no resources. I talked to few lawyers about maintenance case for me and kid but they said that the burden of proving his salary lies with me. Court will not compel him to produce salary slip . I have no info what company he works for? I only know his city. Please suggest more

Adv. Chandrasekhar (Advocate)     13 July 2014

The advocates in your small town totally misled you.  You file maintainance case and in that you, in clear cut language express that you are not in a positionn to tell the court in which company he is working as you do not have such information.  As you know his address and the place of work,  you mention them.  Once, notice is properly served on him in maintainance case, then he will file reply to your petition.  Then, you have to move an application asking the court to direct him to file the affidavit containing in which company he is working, designation, monthly emoluments etc.  As this information is exclusively in the possession of your husband, the court is duty bound to give him direction to give all the details on an affidavit.  Any false information, he may give on affidavit, may put him in further problems.  Further, in the same application, you can ask the court to direct him to file his bank statements of his all the bank accounts he has.  He shall be duty bound to produce the same.  On the basis of his income, you and your child will be provided maintenance.  In maintainance petitions, after a simple application from the wife, the burden lies on the husband to show his income.  So do not worry and proceed further. 

T. Kalaiselvan, Advocate (Advocate)     13 July 2014

You can file a petition seeking maintenance amount from him for yourself as well as for your child even without mentioning the company's name but quote an approximate amount as his salary based on a wild guess.  Once he is attending the court, you can,during trial ask him to produce his salary slip by petitioning the court to direct him to do so.

sumit (CA FINAL)     16 July 2014

why she will endure to work if she gets free money merely by saying that no opportunity exist in her town.. by the way which city is this, where people don't earn their livelihood..

Ranjana khatri (housewife)     17 July 2014

Thank you all for your help. I live in a tribal area since my father retired as a school teacher. I go to nearby town for my court hearing. One of my friends is helping me post this through her account. I tried to get teachers job but I am not qualified for it. With old parents and a kid it's hard to pursue new career. I wish I had launched 498A and DV on him. I regret being non hostile. Thank you all.

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