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ram (none)     19 January 2015

Urgent query - salary slip

Hi,

  My wife had applied for divorce and got an interim maintainence order and was awarded 15,000/- (10k for her and 5k for child). Later i found that she is working and produced her form26as and  made her to submit her salary slip. The high court judge asked me to produce my salary slip as well.. hence i gave another slip from a company where i do part time and i didn't gave my other salary slip where i do the full time job.. Since my fulltime job has salary of 1Lakh.  Now she had again put an application in family court to summon my employer (i.e., employer providing fulltime job) to give my salary slip and income tax department for form 16 and Tax returns.

As far as i understand, form 16, salary slip are confidential because i'm not a government employee and RTI act enables for right of privacy and Article 21 of constitution protects individual privacy. I'm of the view that only when she can prove huge public interest the court can allow her petition. Am i right?

Would court would summon my permanent employer and ask him to produce salary slips and form 16? 



Learning

 4 Replies

ram (none)     19 January 2015

I forgot to include that she is currently earning 44,000/- PER MONTH and she is able to contribute 5500/- per month for insurance.

Nitin (marketting manager)     20 January 2015

Hello Ram,

   How did the court calculate 15K as interim maintainence order ,based on your salary?

can you please ping me with your salary? i need the information for a different case

Thanks,

Nitin.

saravanan s (legal advisor)     20 January 2015

working women is not entitled for maintenance if her earning is enough for her living.but since you have got a kid the court would grant maintenance for the child alone

RS (PA)     20 January 2015

the court cannot summon your employer for produce the details 

however if you do not submit the details then court will assume that she is right. 

if you lie and if she has any documents to prove that you are laying that will make your case weak 

wait for the court to give you direction. 

if the  employer is not a party to the case he/she cannot be summoned. 


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