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Aanchal S   14 March 2020

How to obtain husband's salary details from private employer

Hello sirs/mams, My husband has not disclosed his working details in the maintenance/dv case . But for past 2 yrs he is been working with an IT based mnc in bnglr. He claimed in his response that he is not working with any company but is a freelancer hence cannot pay maintenance. Family court has awarded me just Rs3000 per month with arrears because i failed to prove his income. Some how i traced my husband's company where he is currently working from jan 2018. My case was filed in mar 2018 , it means he has lied in his response about his employment. Now how can I approach further in this case as I have to provide evidence. Thank you


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 7 Replies

Dr J C Vashista (Advocate)     14 March 2020

Find out from his (your husband's ) company/ employer by visiting yourself, some of your friend/ relative or his (your husband's) co-worker/ banker (if his salary is paid through bank).

You may apply to the Court through your lawyer to issue necessary directions to his employer and/or Banker.

What is the opinion and advise of the lawyer engaged / paid by you ? Just follow his/ her guidance as s/he is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to satisfy your questions.

If you have lost faith in him/ her (your lawyer) change him/her immediately.

G.L.N. Prasad (Retired employee.)     14 March 2020

Ask your advocate to construct RTI application showing larger public interest of helping a woman in distress and for sustenance, and seek information from income tax officer, so that you can get entire information.

Advocate Suneel Moudgil (Advocate)     14 March 2020

The Family/Trial Court can direct parties to furnish detailed affidavits regarding their income, expenditure, Assets, and liabilities in terms of direction laid by the Hon’ble High Court of Delhi in the case titled “Kusum Sharma Vs Mahinder Kumar Sharma”

therefore, simply file an application to submit the affidavit is sufficient and he will be forced to submit all financial detail in an EXACT manner.

 

Advocate Suneel Moudgil (Advocate)     14 March 2020

you can also file an application in the trial court to summon the witness along with the relevant record (concerned person from the company where your husband is working) 

1 Like

P. Venu (Advocate)     14 March 2020

Yes, the Court can direct the production of the details of your husband's employment and related information.

1 Like

Pravin Kukreja   14 March 2020

Suggestion:

An Application u/s 91 of the Cr. P.C may be made to the Court to summon the Employer and direct the employer to produce relevant details of your Husband's Salary/payment from the Company to him in any other nature.

As for the lie in his reply, it is an offence u/s 191 of the IPC, in the nature of perjury. An application for the same may be made to the Court for enquiry into the husband's statements.

Hope this helps.

Aanchal S   14 March 2020

Hello,

First of all thank you to all the experts for your valuable replies. Based on all of your comments I discussed with my lawyer. After consulting  , he suggested that 

  1. As a wife I can request the company directly via email to disclose his salary and wait for their reply. Their reply will be provided as evidence in next date.

2. Meanwhile an reappeal will be submitted in the district court as well.

3. unless and until I submit any proof , his act of perjury cannot be proved.

4. I can also proceed with an RTI to income tax department for his income details.

------------

As for more information on my case so far I am diclosing the events below: -

1. Got married in Jan 2014, suffered torture till Nov 2016. On his constant force agreed for mutual divorce. In front of his father , my father and both of us mutual terms where decided that he. will pay the expense for mrrg 8lac , both the parties will exchange gold items . I returned their ornaments gifted to me in Bnglr itself and.  I refused for any alimony. On this promise I left from Bnglr where he. was working in MNC earning more than 1.5 lacs .

2. On their request my lawyer made the draft and document list of items. His father also met my lawyer and agreed. But later on my husband's response became weak stating he cannot pay anything. He went back from his commitment and stopped answering us. After saying I dont want the expenses also he dint turn up to sign application. Meanwhile he changed his residence and job in Bnglr. When requested to disclose his address so that I can go back he refused to give. All my ornaments are gone. 

3 After  14 months of this drama I finally filed for DV case and Interim maintenance in Mar 2018. In between the proceedings my lawyer asked  him to submit his salary details and residence to which he denied saying I should submit first.

4. The onus of proving husband's  employment details is. put on wife. So for past 2 years i have been crazily searching for him , asking his friends through relatives but no luck. I submitted his vehicles details showing presence in Bangalore . Also photographs of him with his friends dining in lavish hotels. Court dint seem to consider any of these and gave first interim order in Feb 2020 and  gave me maintenance of Rs3000 from the date of the application.

Now I caught his lie . He was never unemployed and always resided in bnglr not his home. 

What more can I do in my case . So much trauma I faced. Its not about money but diginity  of a woman who is now an estranged wife . My husband never attend the dates , he is enjoying his life while I am fighting for justice because the law is protecting him. He is blatantly lying in court and mocking the system. I am sure by the time courts react severely he will be out of this country. My entire youth has been wasted by this man for no reason. But I have also decided I will take this till the SC. I will not take his money but put him behind bars.

Thank you.


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