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Manoj Wadhwa (n/a)     21 May 2013

Can we call employer of petitioner. before interim maintenan

Dear friends,

Does any have any Supporting Judgment which says the Court has power to call the Company/ employer of the Petitioner. BEFORE DECIDING THE INTERIM MAINTENANCE .

Kindly share the same with me.

If there is no supporting judgment. How can we convince the Court, that Court should
call the employer of the petitioner (under CRPC-91 application).

IN THE STAGE OF INTERIM MAINTENANCE .

Thanks & Regds.
Manoj Wadhwa



Learning

 6 Replies


(Guest)

U can summon her employer through court to get her salary details.

Shantanu Wavhal (Worker)     21 May 2013

 CRPC-91 ??????????

in divorce case ???????

Shantanu Wavhal (Worker)     21 May 2013

divorce is a civil case.

its governed by provisions of CPC and  not Cr. P. C.


u have to produce the evidence that wife has sufficient source of income to maintain herself.


(Guest)

I dont agree with the above said with amitji..


You can always ask for call of records where your lovely wife is working.


After giving her address.


Government of private institution, they have to give details to the court.  


Can summon the employer too if they ie the employer is not giving details with regard to your lovely' employment details.


PF number is must and should ask for call of records.. There is court commisioner, who can do it, just do certain rounds of LCI forum and you will know how to extract your lovely wife's salary details.

1 Like

(Guest)

@Helping Hand !

This looks the case where divorce case is already running in the court and thereby court can summon employer to give information.

Can the same information be obtained without court summon? As i believe, as per RTI, personal information cannot be taken. Any personal information obtained through some known people is not valid.

Is there anyway one can take personal information like salary details, pf etc without the consent of any person, or without detective or without RTI OR Court Summon?

 

Please provide suggestion.


(Guest)
Originally posted by : Raj


@Helping Hand !


This looks the case where divorce case is already running in the court and thereby court can summon employer to give information.

When divorce case is running and/or some other related matrimonial case is running only then will there be a need for such information.  In other cases where there is no cases involved, why would someone need details of wife's or husband's salary details??? 

Can the same information be obtained without court summon? As i believe, as per RTI, personal information cannot be taken. Any personal information obtained through some known people is not valid.



 

Please provide suggestion.

 

You are asking question as well as giving answer too. what suggestion do you want please specify.

 

Is there anyway one can take personal information like salary details, pf etc without the consent of any person, or without detective or without RTI OR Court Summon?

Many a time people certaily do leave jobs out of tension, out of lack of interest when one spouse has made N number of allegations toward the other.  And either of them start breaking heads about how to collect such information.  This is the most common scenario ie wife/husband has actually left job and the cat and mouse game begins.

 

If you want such details:


1.  Ask the person, try obtaining such infomation from such person.

2.  Hiring a detective?  Even the detective has the same above means explained above.  A detective cannot take a photograph of a person and state that such n such person is working at such a such place.

3.  Govt employees details can be easily obtained, provided everybody co-operates with you.

4.  People working in private jobs or running a business which does not have VAT or TIN are really difficult to obtain such details.

 

Instead of all this circus, arrive at a one time payment.  Finish it off.  As there is no gaurantee that things will remain the same ever, take money move on via MCD.



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