Deepesh Bhagat (Manager Business Development.) 27 January 2014

How to prove wife's earnings when she is "off role employee

Case in Brief :

1. Married in 1997. Have 2 daughters. Wife left with daughters in Sep 2010 (daughters 11 yrs and 7 years at that time) (reason : Blind obsession for sahaj yoga community founded by saint Nirmala Devi)

2. I filed (Sep 2010) and won section 9 in May 2012 (with 100 % merits in my favour). Court has clearly stated that she has left me without any reason and should come back within 2 months from the date of the decision. She did not comply and now after more then 1 year I have filed for divorce in Aug 13.

3. She appealed in high court against decision of section 9. Still going on....

4. She filed DV 125. (March 2011). Asking for hefty amount as maintenance. Still going on.....

5. She is working and getting 25000/- salary per month. But her employment is "Off Roll" and getting salary in cash, Hence no proof of income. She claims in court that she is not working and hence should get amount demanded by her.

My question is how can I prove that she is working and earning a good amount. What sort of document is required to prove her earnings. Can I force the organisation to give me proof of her earnings?

Please suggest.

Thanks / Deepesh

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 27 January 2014

To prove that it requires documentary evidence, without documentary evidence you cannot prove it. Try to collect the documents . You have said in the case already decreedthat court has observed that wife has left without any reason, based upon this you can contest the case stating that you have not neglected the wife willfully. If you proved that you have not neglected the wife illegally then question of paying wont arise.