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Harassed_Wife (Eng)     10 January 2015

Proper way to request for income proof of husband in divorce

Hello Members,

Can somebody guide me as to what is the proper and admissible way of requesting/procuring the Income proofs of husband in divorce case?

I have already sent a formal request to the employer company for an attested copy of same but have received no response at all.

How can I procure the income documents of husband in a formal manner?



 12 Replies

laxmi kant joshi (instructor)     10 January 2015

Move an application in the same court where your divorce case is running with complete address of that company/ office of your husband , make a request to the court to give direction to that said company to bring and submit all service details including his salary before the court.
1 Like

Harassed_Wife (Eng)     10 January 2015

Thank You Laxmi Sir.

Pritam (manager)     02 February 2015

If an employer discloses your husband's salary to you then they are in legal trouble. Same with anyone like Society, bank or anybody. You are indirectly defaming your husband by letting whole world know that divorce case is going on. In other thread you had mentioned that you are working wife and desperate to get share in your husband's income. After so many people gave you an advice to file mutual consent divorce and ask your husband's one year salary you have not changed. He will open your books too if you are hiding any income or even your extra income or second job. If you are caught then he may file perjury and tax evasion petition. So better play safe and do not be so greedy.

I make 2 lacs per month after deducting tax but I don't give anything to my wife even though she is seating at home as she is well educated and she can maintain herself. She lost maintenance case. Now she has agreed to go for mutual consent and I am ready to pay her one year of my salary. That is better way for both of us and she agreed. Why are you so much interested in dirty tactics than easy way ? Your goal is money so ask in a professional way directly to your husband as you mentioned that he is professional.


(Guest)

Proper way kuch nahi he.


First  summon karo employer ko.

Ek baar summons gaya toh kuch na kuch hoga zarur, either they will give info about his employment or will send HR to court, or will remove him from job.


But in private organization, no gaurantee that they will give information about his salary details.


Its wise that you take one egg a day than to cut open the chicken's tummy, reconcile with husband/wife and reap the benefits of being together lifelong.  Court and police station are all waste of time dear.  Even if he wont pay you any alimony in divorce case, court cannot do anything to him than putting him behind bars for a period of 1 month and all balance will vanish, and you will be left clesping jaw.

Pritam (manager)     03 February 2015

Agree with above reply.

Harassed_Wife (Eng)     04 February 2015

Mr Pritam,

Just because somebody posts their query on the forum, doesnt give you any right to comment or make assumptions about their life. Please do not comment on what you do not know. 

Have I anywhere mentioned that I will be hiding my salary slip from the Hon. Court ????? Then how can you give me a lecture on what consequences I will face?... my query clearly mentions that I am looking for the right way to do things.. Who gave you the right to make assumptions about me or my situation.

As a grown up person you should have learnt by now that it is better to answer what has been asked, rather than get carried away and give unwanted or unwelcome pravachans.......if you are so sure that I am the bad party in all this, I will be happy to pass on the bio-data of my to-be-xhusband and you can get your most precious sister/friend married to him. I am sure if I am the bad person, some other girl would find heaven in him. 

When it comes to paying alimony/maintainence, you people suddenly realize that the girl is educated and capable of earning, but when it comes to getting married, you want to pawn off on the girl's money and her father's wealth. You want all sorts of items in the marriage, never having the courage to say that since the girl is educated, I will not demand nor accept any precious items....ohhh but no. At that time you people are all about making impression on your relatives that see, i deserve so many gifts, bl**dy hippocrytes. Did you have the decency to atleast return the items owned by your wife, after her divorce?

I may not be able to share the details of my problem here because I do not want to defame anybody and that's why I have been posting precise questions. If you cannot understand such a basic thing, I think you should move to some other forum.

Unless and until you really know what has transpired in other people's lives, please refrain from posting nasty comments on my thread, else I will be forced to report it to the forum admin.

Thanks, but no Thanks.

1 Like

FightForCause (Businessman)     04 February 2015

Lady if your husband has done wrong he will get the punishment from the court.

Regarding salary , it is first your duty to prove it and if you are not able to prove then you can ask court's help through applications to get his salary out.

But basic question remains is: Being educated and well earning are you liable to get any maintenance...Answer in general is NO. You are liable to get compensation if cruelty of your husband is proved, that's all.

You are writing to his employer and detailing them @ the cases ...thus in process maligning his character.

Always the correct process is to approach court with different sections as mentioned in Crpc / CPC which your advocate can tell you.

Infact i do not see any adverse comment in Pritam reply...but your reply truly gives the state of mind you are currently in.

 

Get well soon.

SuperHero (Manager)     05 February 2015

Originally posted by : Harassed_Wife

Mr Pritam,

Just because somebody posts their query on the forum, doesnt give you any right to comment or make assumptions about their life. Please do not comment on what you do not know. 

Have I anywhere mentioned that I will be hiding my salary slip from the Hon. Court ????? Then how can you give me a lecture on what consequences I will face?... my query clearly mentions that I am looking for the right way to do things.. Who gave you the right to make assumptions about me or my situation.

As a grown up person you should have learnt by now that it is better to answer what has been asked, rather than get carried away and give unwanted or unwelcome pravachans.......if you are so sure that I am the bad party in all this, I will be happy to pass on the bio-data of my to-be-xhusband and you can get your most precious sister/friend married to him. I am sure if I am the bad person, some other girl would find heaven in him. 

When it comes to paying alimony/maintainence, you people suddenly realize that the girl is educated and capable of earning, but when it comes to getting married, you want to pawn off on the girl's money and her father's wealth. You want all sorts of items in the marriage, never having the courage to say that since the girl is educated, I will not demand nor accept any precious items....ohhh but no. At that time you people are all about making impression on your relatives that see, i deserve so many gifts, bl**dy hippocrytes. Did you have the decency to atleast return the items owned by your wife, after her divorce?

I may not be able to share the details of my problem here because I do not want to defame anybody and that's why I have been posting precise questions. If you cannot understand such a basic thing, I think you should move to some other forum.

Unless and until you really know what has transpired in other people's lives, please refrain from posting nasty comments on my thread, else I will be forced to report it to the forum admin.

Thanks, but no Thanks.

@ Harassed Wife - This is a public forum and People give there suggestions, if you want take it or leave it.

In this age of internet even though if you share your details by naming a person as A. People doesn't have time to go and verify who the person is, what he does.

There are people who has abused there wife's and wife's family for dowry etc., For those kind of people they have 498a, Domestic Violence etc.,

Again there are Women who has abused there husbands, in-laws.. But there are no sections in the Law.

As advised by Laxmi Sir you can file the application.

You can file RTI to EPFO to get details of employment but not sal amount or PF amount if u want it for maintanace case that will be enough

from 

https://www.lawyersclubindia.com/forum/Can-spouse-get-salary-information-by-rti-pvt-company-116118.asp#.VNJsj2jF-zI

Pritam (manager)     07 February 2015

@Harrassed_Wife,

 

You were given reply on the basis of the facts you provided. Based on your replies in this thread and the other it is very clear that you want money at any cost that is why I suggested that you are no eligible for maintenance for which you are defaming your husband at his workplace but if you politely ask mutual consent divorce then you may get divorce and money faster by way of one time settlement. I am sure your husband won't have any problem in giving away one year of his salary to get rid of you from his life permanently.

You cannot accept the fact that you are wrong and that is what you have shown in all the threads. Your husband may already know that you have sent a letter in his company and he may be coming with his salary slip in all court dates but testing your patience. He may submit the day judge really wants him to submit and claim that you are defaming him by not taking legal path. Will you like if he sends letter to your father's society / your employer / your bank?

It is upto you how you take my reply. I will reply professionally only without going down to other's standard. 

Harassed_Wife (Eng)     07 February 2015

if my husband was decent decent enough to settle fora mutual one, i wouldnt have to go through all these legal hassles. moreover if he had been decent enough to do anything right, i wouldnt have to take such pain.

i have not defamed him, i have sent a formal request to his company on legal advise only as onus was put on me to prove his salary. Only when that did not help, did i ask for other possible ways.

and how can you decide whether I am wrong ???? just because i am rightfully demanding my due.

Sir, your very adamant conception about me that I am wrong without knowing the true story, shows that you are so biased. If you just wanted to share a legal opinion, you would give benefit of doubt to both parties. If your opinions were unbiased, you would assume that both parties in this matter would be equally entitled to justice, without assuming beforehand that what I am doing is wrong. 

Dont try to hide the fact that you are already inclined towards the male counterpart. Atleast even after going through all this problem, I am not assuming that i every case the man would be at fault, and nor am I forcing that opinion on other people's cases. So do not act as if its a "Take it or Leave it" situation.

If you may not have a genuine advice for me, I would understand, but posting on the thread with the intention that I am already wrong, that can also count as defaming me.

Telling pros and cons of a legal step is one thing, but telling me that if i hide salary, such n such thing will happen, or if do this then that will happen, even when you don't know how truthfully I have been fighting for my cause. Such behaviour is wrong. 

The forum is to share legal advise, not your personal opinions, remember that.

Pritam (manager)     09 February 2015

Sending abusive email in others inbox is not just wrong but illegal. Also your real name is not Harrased_wife and you are in public forum where people are using their freedom of speech right.  If I post something on your facebook timeline then it is defamation but telling someone wrong is not defamation. Your aggressive approach itself proves that you are wrong.

 

Someone already corrected you that your husband not suppose to pay for your parents. Your 5 lac salary today is sufficient to maintain you and your parents so maintenance will be denied for sure. It will also be a problem for final alimony. That is why everyone suggested you mutual consent because your husband may not want to wait for final hearing. He won't mind giving 10 lacs+ to get out of all this trouble. 

Let's assume you get 10 lacs on signing mutual consent divorce which will be tax free. You transfer that money to your parents and then open FD as senior citizen gets more interest. Just imagine compound interest and you will indirectly get money for yourself and your parents. If you get marry to someone else within a year you can leave that money to your parents. 

Whatever you do will be posted now on court's website so second marriage time guy will definitely read all your allegations and approach. You send summons to your husband's employer so he will send to your employer. Everyone at your workplace will also come to know and it will be embarrassment to you too. Since you are earning end result will be nothing. You won't be eligible for maintenance. Time will be wasted and by that time your salary will also increase.

Think of all scenarios rather than using aggressive approach. Choice is yours. Take care.

Rahul Vikram Pathy   01 April 2018

Under which law, thepre is power of the court to call for the witness of HR, or to call for documents of pay particulars. Because court may require such law to be addressed


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