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Sandeep   19 July 2015

Maintenance claim by working wife

Hi Friends,

My wife has filed a case u.s12 of DV act of 2005 and is claiming for maintenance. She is an Engineer in Computer Science and was working with reputed company.

I provided the proof of employment to the court which i had when we were staying together. Later she resigned and submitted the resignation to the court. Thereafter she again joined a new company. I have come to know about her new company's name, her employee id, salary etc. During her cross examination she denied the fact that she is working for the other company.

How can i ask the court to find about her new job? Are there any citations in which court has ordered to find out wife's job details? Also can you please proved citations in which courts has declined maintenance plea of qualified wife, who are harassing their husbands with maintenance demands in spite of being capable to earn on their own.

 

Thanks,

Sandeep



Learning

 16 Replies

Abhi   19 July 2015

You can request court to ask her to file an affidavit that she does not work and period of unemployment started in affidavit. If she denies case will turn in your favor if agrees then come up all proofs like Salary slip photo with I'd etc and submit to court. You might get lucky. Giving false affidavit calls for perjury max 7 yrs sentence

Sandeep   19 July 2015

But how will i get her Salary Slips, photo ID? We dont live together.

I have a screen shot of company portal with her name and her employee id. But it did not get exibited as its not an authentic document as per court.

Is there a legal way through which i can get it or court can get it? Is there any such legal arrangement?

Thanks.

Omkar   19 July 2015

Hi,

 

Hire a private detective who can collect this information for you. Try at least three-four detectives in a row, but not coinciding with time and seperated by some period for better results, if you really want to expose her.

 

 

 

Debarati   20 July 2015

Hi Mr Sandeep, do you know trhe meaning of relationship. Let me ask you why do she not want to stay with you? Her working had always been a advantage for marying ist it? today you neglect your responsibility, are you a man? Just go back to your wife and try to settle down the matter and get united.

Jothish Kumar (Consultant)     20 July 2015

Hi hi hi   Good advice from a Lady who had put 125, 498a agaist her husband now she advice somebody to the advantage of a relationship and get united. Welldone Debarati.

 

https://www.lawyersclubindia.com/forum/Please-help-124104.asp

 

Debarati


[ Scorecard : 38] Thank Contributor : Send PM
Posted a day ago Quote Report Abuse
 

I am having ccases like 125, domestic violence, 498 against my husband. I dont really want a single penny from him, just wanted him and his family to realise their faults. But at this point I realise that they will never do it. Inspite he have file divorce petition. I dont want to give him divorce but I am having a daughter who is of 3 years and I alone take all care of her. I now with private not well to do job at this crisis time. i relised that he do not love me.

I am in delima wheter to give him divorce, since the charges of cases is too much and I am struggling. My daughter is also growing. I feel he is with some other women. please sugest what should I do?

1) If I do not want to divorce throughout my life, is it possible?

2) If I die will it be possible for my parents to demand money from my husband for my daughter? and in which condition?

3) If I give him divorce and after certain years I die, will there be any option to ask money from him?(my parnts are not rich so they will not be able to spend much money on cases.)

I really dont want a penny neither divorce. But this point I feel he had never loved me, loves me and will never love me.I am not able to bear the court expenses, his harsh words and time wastage. Please sugest what should I do?

 


 

Born Fighter (xxx)     20 July 2015

Debarati, Pls don't spoil the decorum of this forum by vetting out your own frustation. And certainly you do not qualify to advice people on uniting (we have read your entire case in detail)...

stanley (Freedom)     20 July 2015

@ author 

as you know the name and address of the new employer .

1. You can summon the employer and call for her salary slip , PF details , salary account no of you wife into which account he is deposit her salry , Employers bank transcations etc .

Sandeep   21 July 2015

Hi Stanley,

How do i summon the employer? Can you please elaborate the process?

Thanks.

Siv (engineer)     21 July 2015

File Petition U/s 91 of CrPC for production of documents by the Company of wife.

Also File Petition U/s 91 of CrPC for production of documents by the Income TAX department so that her savings and also her other income details can be submitted in court.

stanley (Freedom)     21 July 2015

@ author 

Whats your lawyer doing ??

 

Debarati   21 July 2015

Hi all you too might have read the whole story of mine till now, so dont ever please dare to speak about such rubish. Do you understand mr jotish kumar and the born fighter. Same on you both.

 

LegalFighter (test)     21 July 2015

Debarati,Please hold back your words.

 

 

@author:- I will help you out finding her job details if she is currently working.send a PM to me. If you find a perfect, trustable lawyer, you dont need to pay a single penny for her.you can make her to roam around courts for years without paying her a single penny.


(Guest)

GIve supari and get her wiped out.

Sandeep   23 July 2015

@stanley

Currently her cross examination has completed and her fathers statement (only witness) will start.My lawyer is saying after her fathers cross exam is over we will submit an application in the court to summons a person from her company and verify all the details to prove she is working.

@tamilinian: I am aware of her job details.i want to know a legal procedure to get all the related documents and submit it to the court.

Will petition u/s 91  help me get all the required salary documents? 

The case filed by her is Domestic Violence Act 2005 No.43 sec 12

 

 

 

 


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