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Lord Ganesha (service)     15 March 2012

Is it sufficiant proof that wife is working???

Dear Experts

My wife has filed a case of maintainance u/s 125 against me and she is teaching in a private college. The principal and manager declined to give any certificate that she is working there. However ,  I managed the prospectus of that college and the list of teachers contains the name of my wife also.

I want to ask that  "Will  the court  cosider it a sufficiant proof that wife is working ? "

Thanking all of u in advance .....



Learning

 19 Replies

M.Sheik Mohammed Ali (advocate)     15 March 2012

yes, its sufficiant to prove it, but if you can get salary certificate it will easy to your job.

Arvind Singh Chauhan (advocate)     15 March 2012

You can ask under RTI from District education officer to povide the list of teachers employed in this college and how much salary is being paid to them ?

adv. rajeev ( rajoo ) (practicing advocate)     15 March 2012

Produce the same before the court and also call the records from the court to prove that she is working.

Shantanu Wavhal (Worker)     15 March 2012

generally schools deposite the salary in some bank a/c.

ferret the bank.

Sudhir Kumar, Advocate (Advocate)     16 March 2012

I would disagree with Amit. Banks even if Govt Bank have to maintain secrecy of account and even RTI Act is not valid on this.  Even if you get unauthroised information you cannot produce before  the court. (though it can be used in cross-examination)

 

I fully agree with Mr Rajeev. The school management can be summoned.  There is a danger that they may just sack here and depose that she is no more working with them and employ her again after 6 months. You will be left with no evidence.

 

I fully agree with Mr Arvind.  each education al institution submits details to Distt Education Officer / Education Board University . In such report they submit more salary (as per Govt rates) than actually paid.

 

Even the ITO can be summoned to produce F-24 of the institution which contains details of TDS.

 

If you have the prospectus, you can even have the evidence of some parents or ex-parents of the school.

 

harsh pratap singh (sseef)     20 March 2012

Dear Experts,

I have searched the web directory of my estranged wife's official employee directory (on office intranet) and her details are there, when i entered her name.  Thereafter i took a print out from the computer.

Do you think it will be useful in prooving that estranged wife is working?

Plz advice.

harsh pratap singh (sseef)     20 March 2012

Dear Experts,

One more query,  my lawyer has given an application to judge to summon my estranged wife's employer and i have given in my application name of the employer how much salary was getting credited in her salary A/c but even after 8 months of filing this application my lawyer is not able to get judge's order to summon employer.

Is it so difficult to get order from judge to summon employer  as already 8 months have passed or is my lawyer taking me on a ride.

I am confused???????? Plz advice me.

Never Give Up (Fighter)     20 March 2012

Why to take so much of load...Get in touch with CA with her PAN card number. If she has filed any ITR, it would be available to you , ofcourse at some cost  ;)

Sudhir Kumar, Advocate (Advocate)     20 March 2012

Your lawyer appears to be on the correct path.  His employer once in witness box will speak all facts. He will even narrate PAN No. 

 

When you hve gone to court you have to follow the path.  Do no expect next minute decision like courts in films.

 

You can produce the computer print out but shall have to become a witness yourself as you downloaded it and her lawyer can cross-examine you.

Shwetha (Software Engineer)     20 March 2012

If you know her bank account number, inform the court of the same.

if you can submit her bank statements, its even better.

Shwetha (Software Engineer)     20 March 2012

just to add to my prev post,

do this if and only if, it was your wife who gave you the account number for some reason...may be before she left you...

harsh pratap singh (sseef)     20 March 2012

Dear Shwetha,

Your second scrap regarding " if and only if your wife has told you the A/C no."

is not clear to me.........how does it matter i could have enquired the bank and they may also reveal the A/C no???

don't you think so.......

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

1. You can file RTI to the school for details of all teachers employed there.

 

2. You can find which bank the school banks with

 

3. You can summon school and bank to the court to give the details of your wife's salary.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     21 March 2012

I do agree with Mr Shonee Kapoor that school and bank can be summoned. Your advocate is already on the track.

 

RTI may not lie against a private school but it will lie against distt education office where schools submits the salary report claiming to pay all teachers at Govt rates.

 

I disagree with Shweta. Bank will not give you her account statement.

 


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