LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arjun Gupti (Business)     16 November 2012

How to prove that your wife is currently working?

The girl I married has filed 125 CRPC and is asking for a maintenance of Rs 30k citing that I am earning 80k per month. The fact is that I am not earning 80k and I do not have the business she mentioned in her application.

1) Can I file any case on her as she has provided false information to the court without any proof?

2) I know she is working in some private firm and is earning around 15k per month. How can I prove this? I don't know if her employer would be kind enough to provide a 'to whom it may concern' certificate. How can I force her employer to provide me her employment certificate?

Please suggest.



Learning

 6 Replies

sanjeev pawar (service)     16 November 2012

nearly all the crpc 125 applications are of same nature, women take wild guesses of the husbands income and demand the moon from them, the court takes a lienient view in most cases as she is a 'helpless' and 'ablaa naari' and how can she go around looking for the correct source of income, hence it is you who has to prove what your real income minus liability is. 

you can tell the  court that the women is working in an xyz organisation and the court can summon that employer to give his or her statement, also you can file an rti application if the  organisation is govt aided or owned or run. also you can file an rti application asking for the pf details of the concerned person. 

rahul (director)     16 November 2012

if you know surely that she is working in a private firm,

1. file an application in court asking  the court to sommon that firm.

2. ask her to file specific afidavit that she is NOT working in this firm.

3. hire a detective and follow her when she leaves from home  for office,,

 after any of these application work for you,, then file 340crpc against your wife for perjury,

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 November 2012

Dear Querist,

 

1. Let her file an affidavit in the Court about her income.

2. Move an application u/s 91 CrpC for the Court to summon her employment records from the said company, it would be good to do your homework before asking for it from the court.

3. File perjury u/s 340 CrPC. 

4. Capacity to earn is important - even if she leaves her job ther are judgments that would help you defeat her claim, for nobody can be allowed to live as a parasite living off somebody's income when she can earn herself. 

 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

Law for Layman (Laws of India Initiative) - https://www.thelawsofindia.blogspot.in

 

rajesh (asdadad)     17 November 2012

i have emails of my wife dated 8th aug 2012 where she have told her boss tht as per her previous meeting with him on 1st aug 2012 , she wud join ofc on 13 aug 2012 . Also i hv her salary slip dated nov 2010. But in her divorce application filed on 29 sept 2012 , she has mentioned that she is currently jobless . Even last month her dad accepted that my wife is working which i hav recorded on my mobile . . My wife side is askin 5 lakh as alimony and even my lawyer says that u hv to give sumthin to them . My salary was 25k and her salary may b 15 k .i hv lost my job since 1 month .i hv only 60k wid me so to secure my own future y shud i pay her if she is enuff capable of takin care of herself

rajesh (asdadad)     17 November 2012

i hv a court date on 1st dec . I cn fight d case as i hv 80, 90 hrs of mobile recordin of every family member frm her side which wud proove tht its my life which got spoiled bt thr is a prblm . She has filed it frm her parents place 600 kms away frm my place and this trip cud cost me 10k / trip i.e. Cab Hiring and takin my dad n my uncle to d court , payin local lawyer . So both my lawyer uncle n dad suggestin me to pay sumthin to them n get rid of future legal mess

ANAMIKA VICHARE (LAWYER)     25 November 2012

You can file witness summons against her employer for production of documents such as Salary Register, Attendance Register and also issue witness summons on her banker, she must be hving bank account...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register