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Chinese Chef (Integration Architect)     01 December 2017

Summon to ex-employer in dv case.

Dear experts,
  
In my DV case today, OP filed an application to summon my ex-employer with my salary records.
   
Apparently, the OP is not aware that I don't work this employer any more. Additionally, they are not aware of my current employer.
   
Does my ex-employer need to make an appearance even when I'm not working with them?
    
What should be my approach towards this situation?
   
PS: She is already getting a maintenance in CrPC 125 which was disposed off last year.
    

Thanks - CC



Learning

 3 Replies

N.K.Assumi (Advocate)     01 December 2017

It is not what you want or your ex employer desire, but what is the value of summoning your ex employer, which is within the discreation of the court, to summon him or not, depending on judicial necessity of producing those documnts if relevant to the case. At the most your counsel can question the OP the relevancy of the documents in issue.

1 Like

Vijay Raj Mahajan (Advocate)     01 December 2017

It's the court summon for which the witness has to appear and state whatever is being asked from him in the court otherwise it will amount to contempt of court. He can always state that you are no more working with him and left the job as & when, so he can only show the record of your employement salary up to that period till when you worked for him.

Rest you need not have to do anything as it's the witness of other party, let them face the music as the reply they get will weaken their case about your employement with the person whose job you are no more working.

Your wife got one maintenance order u/s 125 Cr.P.C cannot be allowed another maintenance order as at one time she gets only one maintenance from you not more.

 

1 Like

Kumar Doab (FIN)     01 December 2017

Let the (wrong) employer respond or not respond or respond that the person in question is not in their employment.

Your wife is getting maintainance. 

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