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Gautam (Engg)     03 August 2012

Interim maintenance

Hello All,

             My wife has filed an application for interim maintenance, in which she has mention my salary of

Rs 50,000/-, but she has neither attached any proof nor mention a company name,

Currently she is working in Software Company

What would be my next step, should I disclose my real salary or wait for her to prove it.

I am from Hyderabad and she is from Bangalore.  Where can I file RTI to get her PF detail?

Please help

Thanks in Advance

 

 

 

 



Learning

 11 Replies

Tajobsindia (Senior Partner )     03 August 2012

1. Person who alleges has to prove “your income ability”
2. The PF Office under whose Jurisdiction her company falls is
CPIO for PF RTI.

Sunny (Other)     03 August 2012

Don't take this sh*t lying down. Immediately file a counter claim for alimony from her, claim that she earns more than you and has income from other sources too. If you have any evidence that she has evaded tax or has not followed the law in any other situation, collect that evidence and file a separate case against her. If she has decided to give you a hard time, you need to give a hard time to her too. Women are having it too easy, this has to stop now !!

adv. rajeev ( rajoo ) (practicing advocate)     03 August 2012

Let her prove your salary.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 August 2012

1. Though it is for her to prove your salary affirmatively, however it is common practice for courts to ask the parties to file affidavit disclosing their income etc.

2. File RTI in PF Office/IT Office/Shoot a letter to her HR/Photographs of her going in and out of office/Linkedin/Facebook profiles are especially helpful.

Ajit Singh Cheema (practising Advocate)     03 August 2012

The onus of proof  lies on the person who allleges.So let her prove that your salary is Rs.50000=,put her to strict proof.please note that RTI Act is applicable to Public Sector Undertakings and not to private sector companies. You may be requiring salary certificate for proving her salary ,How PF statement will be helpful in proving the salary of your wife.The information under RTI Act is to be called from Public Information Officer  Appointed under the Act.

Dr J C Vashista (Advocate)     04 August 2012

She has to prove your salary. You can obtain her PF details from PIO Commissioner/Competant Authority PF of jurisdiction. You are advised to obtain details of her income and produce the same before passing order on interim maintenance application.

dhirendra pateria (law officer)     04 August 2012

sunny is right Immediately file a counter claim  from her, claim that she earns more than you and has income from other sources too

Manoj Choudhary (Advocate)     05 August 2012

Dont ever disclose your salary details. Let her put some evidence.

If interim maintenance passed without any proof, prefer to file revision in High Court.

HK_Jain... (498a Fighter)     05 August 2012

I differ from the experts on that court ask you to file affidavit of your income. If you don't do it, the matter would be prolong and judge can pass the order on basis of her prayer that you earn 50k.

Hemant

Ravi chaturvedi (Partner)     08 August 2012

Don't disclose your salary. Try to find out her source of income.

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