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RK   21 December 2018

How to get documentary evidence of spouse's employment

Dear Expert lawyers,

My spouse has filed for maintenance case. The order has been passed by session court to pay a certain amount. The basis of order was questionable because it was assumed that I am working, there is no evidence presented. I moved case to high court and in the meanwhile paid 1 lakh to wife in session court. High court judge is asking for employment proof of spouse. We have come to know that spouse is teaching in a school. We know school's name also. In which legal way, it is possible to get the employment proof of my spouse. 

Can you please help me ? 

Thanks



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     22 December 2018

Move application for Summoning in the trial court her employment documents including the salary details from the school where she is supposed to be working, that's the best manner to get the issue of her employment and salary confirmed and proceed.

RK   22 December 2018

I want to clarify that high court judge has not registered the case yet. Judge is asking proof of employment before that. In lower court, decision has been taken against me to pay 45,000 per month. In which court I can apply to send summon to school where spouse is teaching. And what court needs from my side to apply.

RK   22 December 2018

I want to clarify that high court judge has not registered the case yet. Judge is asking proof of employment before that. In lower court, decision has been taken against me to pay 45,000 per month. In which court I can apply to send summon to school where spouse is teaching. And what court needs from my side to apply.

Vijay Raj Mahajan (Advocate)     22 December 2018

Trial court only will entertain the application for Summoning the school records for her.

G.L.N. Prasad (Retired employee.)     22 December 2018

Also try by filing application to State Public Information officer, District Educatiional officer where the school is located and seek a list of teachers working in the school with their educational qualifications and pay structure.  Preferably file this RTI through a friend or relative without giving any clue of the real queriest.  Though private authorities are not within ambit of RTI Act, the Public authority has right to seek such information as controlling office.

RK   22 December 2018

Spouse is teaching in private school. RTI won�t help. I haven�t filed application to SPIO and DEO. What it will take for them to help me in providing necessary information?

G.L.N. Prasad (Retired employee.)     22 December 2018

This was the comment given earlier: Though private authorities are not within ambit of RTI Act, the Public authority has right to seek such information as controlling office." (Delhi HC Judgment on public authorities control over private institutions)

Such document given by any public authority is a bonafide document and serves the purpose as documentary evidence in Courts.

This is additional/alternative remedy and you can try for that information as it costs Rs.32/- only (Rs.10/- RTI fee + Rs.22 Registration costs for post.

Information solicited:

1.Please provide me list of employees in ............................school with their educational qualifications and monthly emoluments for the month of Nov,2018.

RK   22 December 2018

I want to file application in trial court to summon school to provide employment evidence. Are courts closed for winter vacations?

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