Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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fighting back (exec)     15 April 2013

Is current salary slip for sec 125 case ok to present

Dear members,

request your kind guidance. i am fighting a 125 case,

my reply is supposed to be filed on 22/4/13, my lawyer has drafted the 'say', where all the false allegations are denied.

he has shown my salary as rs 14900.

the fact is:

1) Rs 14900 is my net salary for the month of April

2) my salary varies every month, sometimes it works out to Rs 18000, next month, Rs 19000, on another month, Rs 16000, Rs 14000 etc. My salary is not constant every month, it varies as per my performace at work.

my question is:

1) is it correct to show only the current salary slip of the month of April, the salary which is Rs 14900?

2) the total average of my salary since joining is Rs 16200, considering all the ups and downs every month.

now that i will be filing the say under oath and showing my current salary of Rs 14900 is this correct, or should i show the average amount of 16200?

after the court asks me to bring my salary passbook and salary slip all the differing amounts will be reflected, hence will my say be considered false? or is it correct to show the current salary which i took in hand.

Request you to please guide, as i dont want to end at the wrong side,

Thanks all.,.....

 



Learning

 13 Replies


(Guest)

@Querist,

 

What is your basic salary? As you have mentioned varying salary amount each month, I believe you wrongly name it. You are earning 'Incentives' each month and added to your basic salary. Only basic salary+HRA+DA and such allowances will be taken into consideration and not on the amount of incentives for your performance.

 

The safe way is to show the details of your salary while mentioning the basic+HRA+DA


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

fighting back (exec)     15 April 2013

@news_know........thank you sir, for your kind reply. yes as you mentioned.. those are incentives....so should i present the offer letter of the company mentioning my basic da and hra...? ..no need for salary slips and banks statements?

as some members in this forum have said that average of the entire salary is calculated. hence i am confused.as the average also includes the incentives earned

stanley (Freedom)     15 April 2013

offer letter is just an offer but its better to put forth your appointment letter . 

Kumar Doab (FIN)     15 April 2013

Basic/Fixed wages are guaranteed cash in hand.

Performance pay/Incentive is as per company policy which may amended/ changed or even withdrawn at times. Employee has no right or lien on such schemes.

The criteria, T&C for incentive/performance pay may be different in each company. It may be linked to performance of individual/group/team/region/zone/pan India/ranking/ collection of payments and the payout also may be on monthly/quarterly/annual basis.

While you attach last salary slip explain the guaranteed wages Basic + DA +…………and other performance related payouts which are not guaranteed payouts, and which can be withdrawn at any time by the company.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     15 April 2013

Dear, I agree with Kumar Doab. He has given eleborated reply to your query. For any query you can feel free to contact me. Rajiv Bhasin, (Advocate), 9811210505, bhasin.laws@yahoo.com

(Guest)

@Querist,

 

Ld. Member/Expert Mr. Kumar Doab has elaborated the last line of my previous reply in this thread. Follow that advice to be on the safe side.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Kuntal0000 (xyz)     02 October 2013

Does one need to show salary in court....what if hr says tat hr is on contract anf earns 5-6k...let the lady proove the salary....nd if pvt sector then no rti is also reqd

(Guest)
Originally posted by : Koushik
Does one need to show salary in court....what if hr says tat hr is on contract anf earns 5-6k...let the lady proove the salary....nd if pvt sector then no rti is also reqd


Why are you posting one question so many times that too in someone else's thread? Post new thread to get answers. As for your question. You should show salary to court in order to save your arse.  Or else court might just order anything as maintenance.


(Guest)
Originally posted by : fighting back

Dear members,

request your kind guidance. i am fighting a 125 case,

my reply is supposed to be filed on 22/4/13, my lawyer has drafted the 'say', where all the false allegations are denied.

he has shown my salary as rs 14900.

the fact is:

1) Rs 14900 is my net salary for the month of April

2) my salary varies every month, sometimes it works out to Rs 18000, next month, Rs 19000, on another month, Rs 16000, Rs 14000 etc. My salary is not constant every month, it varies as per my performace at work.

my question is:

1) is it correct to show only the current salary slip of the month of April, the salary which is Rs 14900?

2) the total average of my salary since joining is Rs 16200, considering all the ups and downs every month.

now that i will be filing the say under oath and showing my current salary of Rs 14900 is this correct, or should i show the average amount of 16200?

after the court asks me to bring my salary passbook and salary slip all the differing amounts will be reflected, hence will my say be considered false? or is it correct to show the current salary which i took in hand.

Request you to please guide, as i dont want to end at the wrong side,

Thanks all.,.....

 

Who cares about your passbook?


Court?


Ha ha ha...

Either your wife shuld care about your pass book or yourself if you are a raja satyaharishchandra to do all this in the year 2013.


You can show your basic salary as your income, no need to provide salary slip also, if you want to provide salary slip you can, but that only if your wife does not agree as to what is your basic salary, then you can show your salary slip as proof of your basic salary and explain the above to the court.


Hope your case would have been solved by now.

Ashwin   03 April 2018

Any updates on this?

Ashwin   03 April 2018

Experts please give more information on this topic.

Ashwin   03 April 2018

Experts please give more information on this.

Kuldeep Singh   30 June 2018

wife getting maintenance U/S 24 OF HMACT from Gurgaon, Haryana court @50,000/-pm which was enhanced to RS 80,000/- PM by High Court and upheld by Supreme Court. Now she filed case u/s 125 cr p c in Saket Court, Delhi for Rs. 2,50,000/-pm maintenace. Is that allowed?


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