Civil Procedure Code (CPC)

How can we know my sisters husband's salary an nri us

marketting manager

Hello Lawyers,

   My sister has a kid and she is going through the divorce process, we want to decide on the Maintenance amounts,but Her husband is now an NRI staying US and says he does not have any Job and is not providing any pay slips, he is bascially on Greencard and staying in USA,he claims that he does not have any Job in india and also claims he does not work in US, he is staying with his friend and his friend [Female] confirmed that he is staying in US with out any Job and she is sponsoring him with all the financial needs, but through his friends we came to know he is working,how can I get his pay slips? is there any way to find his Job details??

he used to work in India in the past we have his job details and pay slips,but now he claims he does not have any job

Please help.

Thanks,

Nitin

 
Reply   
 
Systems Engineer

 
Nitin,
 
As Raj123 said, Indian court orders will not be valid in US or any other country.
 
You should be able to submit his India job and payslips and file a case of maintenance.
 
Let the maintenance petition be registered and summons served to the known address of your sister's husband.
 
Then, you can request court to order her husband come up with his salary details.
 
Let the legal process kick in so that the husband is brought into legal procedure.
 
You can try to record the conversation when you talk to his "female" friend and other fiends and use it as a proof that he is working. 
 
------
 
On the other hand, It is highly unproductive for a wife to chase her husband's salary details.
 
If a wife cannot live with her husband, she should have a plan to support herself on her own efforts.
 
That signifies the dignity of a woman as the mother of a kid. 
 
More than the payslip, the wife needs her husband.
 
More than she needs her husband, her kid needs her father. It is the birth right of the kid.
 
This forum hopes that parents live together at least for the sake of the child.
 
Because a wife can file a case of maintenance and get some money after a long fight.
 
But, she will never do any good to her kid by denying the kid, the right to live along with kid's father.
 
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service

If a wife cannot live with her husband, she should have a plan to support herself on her own efforts.

Sorry am going out of query

Good Reply Prasad, no way they support them self, even though they have equal rights and all kind of reservations, our legal system has gifted them this types of weapons [including 498A, DV] nobody under stands [except husband and wife], that who's mistake and what is the problem.  Whenever disputes arises they dig for weapons].  After marriage both husband and wife mutually involved in all kind of activities, then it's the responsible and consent of both for everything.  But dont know why males are blamed.


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marketting manager

Hello,

  We tried different   procedures, but none of them worked out and so she decided to divorce,

regarding 498A and DV cases,well yes we can but if we are proven wrong we will loose the opportunity to communicate at all, may be he can have a upper hand if they were proven wrong in the court,so is there anyway i can find his US salary? else i will have to go with the indian pay slips and he does not have any indian income at all,atleast not on his name.he has everything in the name of his paretnts s cannot prove that its his income.

 His indian income in 2011 1.2 lakhs per month,how much income can we ask for maintenance

i was told it would be around 1/3 of his income so may be i can request my sister to claim around 30K for her self and 10K for the kid? if yes then how long will this be paid to my sister?? its like as long as my sister is alive?? or is it like as long as my sister's husband is alive? how long will the maintenance be paid?

Thanks,

Nitin

 
Reply   
 
Advocate

As suggested and opined above, the order passed by the court here will not enforceable in US, however as a precaution you can get an exparte order and preserve it because it may come as handy when you come to know about his arrival in India to execute the collection.

 
Reply   
 

Nitin,

Being the responsible brother of your loving sister, if you have that much affection for your sister, have self respect and help her to stand and support herself. Or try to reunite the couple for the sake of kid at least....

please do not run behind you in-law salary slips and all....forget it....

BTW, I'm also traveling in the same boat like you...


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Reply   
 

Maybe it's time for you and your sister first to reflect on why you married this guy in the first place, then to reflect on why and what caused them to be apart and then to think on what future your sister and her child have after this. Money is not everything. People living abroad are not earning in dollars and spending in rupees,they are earning in dollars and spending in dollars. So many people in India sit there and convert each dollar into rupees and think that it's free money to grab. Families should encourage people to resolve issues and move forward TOGETHER not motivate them to seperate for short term profits.

 
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