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sharon (manager)     21 April 2011

HUSBAND'S SALARY SLIP AND MAINTENANCE

 

Husband's Salary Slip and Maintenance to Wife and Minor Child

 Husband has produced a fake/forged salary slip in the magistrate's court. Wife set up a sting operation to procure real salary slip of husband. How will the wife make use of the real salary slips? The real salary slips clearly reveal that husband earns three times more salary than what he has representated in the court. There are a few important questions as follows

1. How will the wife use this important piece of evidence?

2. Will she have to disclose the source of evidence?

3. Will the evidence obtained through a sting operation be inadmissible?

4. Can she confront the husband and his lawyer in person and settle the terms outside court?

5. Should she write to husband's employer and show both the salary slips i.e. fake and real and ask for authentication?

6.  What does the Evidence Act say about such evidence?

7. What are the rights of a wife in a situation where she has no choice left but to set up a sting operation to get correct information?

8. Is there any way to make the sting operation acceptable?

note: court is not alert. court has not asked the husband's employer to produce real salary slip.

kindly advice at the earliest.



Learning

 19 Replies

Arup (UNEMPLOYED)     21 April 2011

The real salary slips clearly reveal that husband earns three times more salary than what he has representated in the court.

 

---   it is a case of contempt of court.

Arup (UNEMPLOYED)     21 April 2011

as it is contempt of court, therefore you need not to worry, just claim 'contempt of court' at your court and as evidence  put the photocopy of both the certificates. donot worry the court will take the appropriate action.

 

contempt of court means the person did not follow the courts order, according to order  - he has to file the true certificate not the false one. by filing the false certificate he dishonour the court. that is contempt.

Arup (UNEMPLOYED)     21 April 2011

1. How will the wife use this important piece of evidence?

 

 

 

---   file a petition of contempt of court.

Arup (UNEMPLOYED)     21 April 2011

2. Will she have to disclose the source of evidence?

 

 

---   no, not necessary.

Arup (UNEMPLOYED)     21 April 2011

3. Will the evidence obtained through a sting operation be inadmissible?

 

 

 

---   no it is admissible.

Arup (UNEMPLOYED)     21 April 2011

4. Can she confront the husband and his lawyer in person and settle the terms outside court?

 

 

 

 

 

 

---    yes ofcourse. you have the full right to appear in person.

Arup (UNEMPLOYED)     21 April 2011

5. Should she write to husband's employer and show both the salary slips i.e. fake and real and ask for authentication?

 

 

---   no need. court will call the employer to clarify which one of the two is original.

Arup (UNEMPLOYED)     21 April 2011

6.  What does the Evidence Act say about such evidence?

 

---   it is acceptable. the second one must be true otherwise you have to face the contempt of court.

Arup (UNEMPLOYED)     21 April 2011

7. What are the rights of a wife in a situation where she has no choice left but to set up a sting operation to get correct information?

 

 

 

---   do not worry, it is not a issue before the court.

Arup (UNEMPLOYED)     21 April 2011

8. Is there any way to make the sting operation acceptable?

 

 

---   do not worry, it is acceptable.

Arup (UNEMPLOYED)     21 April 2011

note: court is not alert. court has not asked the husband's employer to produce real salary slip.

----   court will not take any such action,  untill contempt of court prayed and urgued.


(Guest)

Arup ji

 

Congratulations

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     22 April 2011

what was the necessity of sting operation?  Wife could have called the salary details of her husband from his employer.

G.V.Nagarajarao (Executive)     22 April 2011

Besides contempt of court proceedings, you should procure his IT returns details by applying through RTI Act, they may be augmenting your case. GVNRao,B.Sc,LL.B.,


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