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Sandy (na)     22 September 2010

Need help to understand law - compensation from divorce

I am going thro divorce with my husand based on mutual consent.  He work in a private MNC (software) and i know his company details.  However i do not have his salary proof with me.   I do not work and dont have any income.

The court has ordered interim order to give compensation for minimal amout.  My question is:

1. do i have option to prove his actual salary by approaching his company or any legal way.

2.  If he is going to quote his salary as less, how can i prove his actual earnings.

3.  Can a court order the pvt firm to provide his salary details for such case.

 

Please help me.



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 September 2010

You can summon the manager of his company or any superior along with his salary details in the court.

2 Like

(Guest)

The first thing is send a legal notice to him/his advocate by your advocate, during the proceedings asking him to file the original salary slips for the last 6 months, as these are in his exclusive possession.  If he does not respond, you move an application in the court attaching your legal notice seeking the court to direct the husband to bring to the court original salary slips to show his income, as these are in his exclusive possession.  Even then, if he does not produce, then court can draw adverse infrerences.  Even then, at the time of your evidence, you can file an application summoning his employer to send an authorised person along with the required record.  If you take all these steps, your position will be secured. 

ved prakash (adocate)     02 October 2010

Income tax  returns are public document and you can get acopy of the same quoting your husband pan number and the details of the company where he is working from the incme tax department. If you want to summon an official of the income tax department, you can also do that. This will solve your problem

Self service (None)     10 October 2010

If you are going for mutual consent try to settle this issue also by consent otherwise if you drag him in court he will also drag matter and "all benefits of consent" will be defied

Parth Chandra (none)     11 October 2010

Prabhakar Ji,

If wife's evidence stage is passed in CRPC 125 and her cross-examination is to be done in next hearing, then also can wife do such notice to husband/his company kind of legal activity? Or she can not do it now as her evidence stage is gone.

Awaiting your expert comment.

Thanks,

PC

Jamai Of Law (propra)     11 October 2010

@Sandy,

 

You wrote:

 

"I am going thro divorce with my husand based on mutual consent........"

"The court has ordered interim order to give compensation for minimal amout.  "

 

Asking to 'produce documents' generally happens before framing of issue, as discovery, but possible at any stage of the proceedings.

 

It's apparently contradicting........Are you sayimg indirectly you do not want to adhere to MCD terms!!

 

Maintenance and alimony are not de facto entitlements of wife, but are decided on merits, in a contested divorce suit.


(Guest)

till wife's cross examination is over and she closes her evidence by giving statement, she has got opportunity to bring the witnesses she wants to produce.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 November 2010

I do agree with Mr. Ved Parkash.

ved prakash (adocate)     27 November 2010

In a mutual divorce .all the terms and condions for grant of divorce including  the  maintenance and one time alimony have to mutualy decided brfore the court will grant  the divorce and hence there is no requirement for proving the income of husband since the same is required to be decided mutually.


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