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bharath.h11 (Insurance)     06 April 2017

Sec.91 crpc - summons employer to submit salary information in maintenance case

I am defending Maintenance case against my wife. My wife has put a petition asking the court to order my employer which is a private company (in India) to submit my salary details. Please help me what can i do further: * Can i defend that petition to not to summon my employer? * What best i can do further? * If the court summons, what usually the employers did in the past for these cases (generally based on your experience)? INFO: From my side, its clearly established thru evidences that my wife for no reason wants separation and hence established the intention of money looting. Thanks in advance for your help!


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 3 Replies

Asgher Mahdi (Advocate & Legal Advisor)     06 April 2017

Yes, your wife can seve summon to employer to give your salary details in this case. Employer need to provide to the court the documentary evidence of your salary that you reciept. Please, note that if your wife is working lady she cannot claims so the maintainance on various grounds.Please, check up with your lawyer with valid rullings.

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Suresh Kumar (NA)     11 April 2017

You can save yourself from MAINTENANCE IN three situation

1. Dissertation happened from  wife side ( usually RCR with help if you filed it before or even now) - Rajasthan High court decision 

2. your wife is highly qualified and working professional ( CA / Engineer) - Delhi high court decision 

3. if you can put up sufficient material of her adultery ( but it is quite backfiring tool- not advisable to test it ) - A long year separation may be valid reason and argument for such scenario ( some decisions are there)

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Show your maximum liabilities to minimize the grant of maintenance ( delay it with all means) 

1. show your responsibility of old parent,younger unemployed sister/brother or grand mother 

.2 housing loan  etc personal loan (agar nahin liya hai to le lo ) 

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Asgher Mahdi (Advocate & Legal Advisor)     11 April 2017

In your instant case and as updated, on the court serve the summon you or the comnpany need to gives the details of your salary towards compliance to the court summon. The rest what you have decided to continue her or desert her or get serperated her all depends on you and how you react and face.

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