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Raghav (TL)     20 March 2012

Rcr - procedural expenses

is it true that the husband will have to give procedural expenses to the wife in RCR even if the wife is working.

My wife is working and earns a lottt...and I can prove the same...do I still have to give her the procedural expenses for the RCR...

i know her complete employment details and account number...can i provide her account number to the court for getting her bank statement..

please advice.



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     20 March 2012

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. 

Shwetha (Software Engineer)     20 March 2012

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...

HK_Jain... (498a Fighter)     20 March 2012

@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

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     20 March 2012

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. 

Shwetha (Software Engineer)     20 March 2012

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.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

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.

 


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

Shwetha (Software Engineer)     21 March 2012

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

Raghav (TL)     21 March 2012

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.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

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

 


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

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