priyanka 05 December 2015

Salary particulars in private company?

hi sir, i filed MC in 2014 .He worked IBM.After marrge we went to USA and came to india on2009, and got separated .He started his own business on 2009.In court he says that due to my harresment he resigned job at USA and started his own in India.But aftr coming to india only he resigned his job. Isent application on INFORMATION ACT to IBM to give him his details when he joined and salary and where he resigned.But company didnt give any information as it is 2 yrs back and cannot provide any information .My question is How can we get salary particulars ? where he resigned in india or USA?

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4 Replies

Advocate Rohit (Advocate) 06 December 2015

Hello!

You can through your lawyer can send a notice to your husbands Advoctae to direct your husband to furnish the details of documents on which he is relying upon by way of inspection of documents. you can also take photocopy of the same by paying the charges for it

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Born Fighter (xxx) 06 December 2015

You have a weak case. Even if you get documents of IBM Salary they will not help as your husband from past 2 yrs is in business and no longer associated with IBM/USA

Judgements on Interim Maintenance will be based on what your husband is earning NOW and not on what he was earing when he was in USA.

Im sure your husband would have shown very less income from his current business, If he produces legal documents like IT returns or Bank details ...court will be bound to rely on them and award maintenance @ 1/3rd of his net income. Court cannot force the husband to close down his business and go back to high paying job in USA or take up another high paying job in India ,so that high maintenance can be given to the wife.

Husband also will refuse to give details of his salary and its the wife who has to prove his income details to the court.

If you can show disparity in his income shown and standard of life/expenses then court can draw adverse inference and increase the maintenance amount to some extent.

Better go for MCD by claiming a decent and reasonable one time amount and move ON.

prabhakar advocate (advocate) 07 December 2015

IBM/USA being private entity, is not amenable to RTI Act jurisdiction and hence they are not obliged to respond to your query. Besides, his salary while working there would not be relevant factor to decide your interim maintenance. But if you want to prove to the court that he resigned that job and went into less lucrative job or own profession to evade the healthy interim maintenance to be awarded to wife, then the procedure is to file application in the court seeking a direction against the husband to file affidavit declaring his income for the last three years and income tax returns and bank passbook of all his bank accounts. In the light of the judgment passed by the hon'ble High Court of Delhi in "Kusum Sharma's case", now the courts are allowing such applications to decide the interim maintenance to be awarded to the wife taking into consideration of all earnings, savings and lifestyle of husband.