Rcr - procedural expenses

Dear Querist,

You are under a big misconception. A wife who is able to maintain herself - and is earning well is not entitled to maintenance nor the litigation expenses/procedural charges as you call them. Proof as to her earnings would always come handy, and since your petition is for RCR - your good faith is apparent on the face of it. 

employment details is alright...

but you are not supposed to have her account details unless she herself gave it you....do not mention the details to the court...she can sue you for intruding her privacy...

you instead need to summon her employer to provide the salary details...

@Shetha

I don't think so, respondant can give the employ details, salary statements,bank ac no. if he has it in defence of maintainance.

Regards

Hemant

If a fact is within exclusive knowledge of some person (wife here) it is his burden to bring that before the court - failure to do so may attract adverse inference from court. 

Bharatji,

I am confused.

so are you saying that it is the responsibility of the husband to provide the acc details or is it the responsibility of the wife to provide the details on being demanded for the same through court.

There is no confusion here.

If husband alleges something and wife denies it. Husband would be responsible for proving that.

If husband says wife is working and she accepts it, she would have to disclose her salary, as it is in her sole knowledge.

Shoneeji,

thats not my confusion.

the point is whats the right way of proving her salary amounit.

summoning her employer to disclose the same or submitting her bank acc details obtained in an unethical way to the court.

wouldnt he get into more trouble for proving to the court that he is unethical and capable of doing fraud having access to such a private information when he not supposed to. wouldnt it strengthen her DV and 498A

Thank you all.

Now I am going to teach that b*tch a lesson. Cant wait to see the expression in her face when I submit my counter to her claim with her complete employment and account details.

Yes, summoning can be done to the employer and bank.