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Gagan Souri (A M)     11 August 2010

To avoid Maintainence from wife

Dear LCI Members

My wife is working in a private school,  still her lawyer applied for maintainence.

Can i apply RTI about the school salary records to the local Distirct Educational Office(DEO)

what is the proceedure & how many days will it take.

Or any other better solution to find out.

My hearing is in last week  of September ' 10

Regrads

Gautham



Learning

 15 Replies

Troubled Soul (XYZ)     11 August 2010

In your reply mention that she is employed. When it comes to evidence stage and if she denies then ask the court to summon the school authorities to testify. They will have to reveal the employment details.

VISHAL M. KOTHARI (advocate)     12 August 2010

u r submit u r wife pay slip  & u r submit in court  u r wife are job  there in recod in school in submit  to court  there are one  application   &  u r submit recusation sec-9 u sub mit court

Parth Chandra (none)     12 August 2010

Hi,

Is this procedure holds good even in case of private job while defending crpc 125.

I mean, If I am respondent (Husband) in CRPC 125 and working in Private job, Can wife ask court to summon my company and get my salary details?

Renuka Gupta ( Gender Researcher )     12 August 2010

Good query Mr. PC. I too join you with the same query.


(Guest)

1. Under S. 125 CrPC at Interim Maint. stage the Onus of proof is on Defendent (Respondent). say wife shows your salary as 50 K she has escapes from her burden of proof because it is summery procedure and evidences / cross are not required. Now it is turn of husband to proove that his salary is not 50 K but say 26 K by filing 'clarification by way of affidavit" ITR, PF , LIC , slalry Slips, Appointment letter etc. etc.


2, Now the question arise suppose husband does not discharge onus of proof in a summery proceedings then what, then the MM will inference what wife says and then husband will run to Sessions Court and or Appellate superior Court challenge the interim maint. award. But at Appellate court the damage will be done by getting a direction to deposit the arrears to listen to your story so it is always better for husbands to control the "bald allegations" day 1 onwards.


Rest as per individual capacity and capabilities clubbed with lady luck.

Arup (UNEMPLOYED)     12 August 2010

mr goutham,

troubled soul gave perfect answer.

rti not applicable to private school. but applicable to Distirct Educational Office(DEO). therefore may do rti. before that get information about the records available  at deo office in respect to private schools. you may get this information from the clerks of that office. manage tactfully.

justice123 (Pub Servant)     13 August 2010

Hi,

My wife is in UK and im in India. She is travelling and has not yet submitted her salary slip. Her co. is registered in UK. The Judge has orally asked her to submit slip more than 4 times and advocate says that she will submit at relevant stage -- during evidence and arguement.

Please let me know how i can force her to get salary slip to court and whether notice can be sent to her employers asking them to submit/send the same

justice123 (Pub Servant)     13 August 2010

I forgot to mention that i am running a similar case under DV and the Judge has ordered exparte mandating me to pay 5000pm to child 3.5.yrs and i have been paying the same. I am representing thru my advocate as i am frequently abroad and have a hefty salary and do not wish to give her anything.

She has already filed an appeal-- arguement pending for the same , now an order issued by Judge after giving my advocate 3 warnings that i be made present before court for evidence and Im worried. She has not come before the court with clean hands and just wants to extoot from me.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 August 2010

Private or public every body has to obey the order of the court to produce information / evidence.

On refusal there can even be a warrant to the police for arrest and production.

Go ahead and ask for salrary records , if the lower court does not give order Go to revision on this issue alone.

If wife has source of earning , she has no right to seek maintainance.

At the same time go on offensive against the wife seeking maintainace , which will depend on case to case.    Please seek personal advice with all the case papers.

FIGHT WITH CONVICTION WITHOUT FEAR AND  YOU WILL WIN.


(Guest)

@ Sh Shashikumar

In one of the thread post you chukled upon me and asked me to devise strategy for men on maintenance......hence can I have your opinion to below link please

https://www.lawyersclubindia.com/forum/A-controvesy-III-Level-of-defense-in-Maintenance-to-Wife--22632.asp

B.B.R.Goud. ( Faculty)     13 August 2010

hai...Mr Goutham, though your wife is employed she can claim the maintenance, provided the amount is not sufficient to her maintainance.... because it is her right to have maintenance from the husband....

B.B.R.Goud. ( Faculty)     13 August 2010

hai..Mr Goutham, though your wife is employed, she can claim the maintenance from the husband, provided her revenue is not sufficient to maintain heself and children if any.... because it is her right to claim maintenance from you....


(Guest)

join siff  and join 498a.org forum , u will come to know all the expertise to minimise maintenance

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 December 2010

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

 

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

        

      Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh.  When two persons can marry without any waiting period then there should be no waiting period for separation.

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

 

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.  

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

 

 

 

 

 

 

 

 

 

 

 

 


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