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Akshay Ratan (personal)     02 December 2014

Wife is working but shown as unemployed

My wife is earning and is currently employed in some company which I dont know , but she has filed for maintenance in court along with the dowry, harassement abuse.

Kindly suggest me how can I get the details of her working , I am earning 40000 PM , and have no assets but have loan over me of around 7 Lac . How much I have to pay to her in such case ?



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 8 Replies

ZeroLife498 (na)     02 December 2014

 

"My wife is earning and is currently employed in some company  :-" i.e.   If anyone is working and has some salary above some amount and that ORG is deducting PF, then,  its easy to prove.

If person  abc is working in xyz org, which is bound to pay PF of employees then , https://search.epfoservices.in/est_search.php  This is place, you can search for xyz org and that will list down all names under than Org, for whom  xyz pays PF to PFO.  

 

Simply, get all names and if person abc is employed in xyz , that name will be listed then take printout of same and show in court !


but, if this is BIG  proof that abc  lied on oath in court, then  check with seniors, when to take action.

As this is serious issue and perjury can be filed if handled properly... 


ps: take any decision at your risk... updating in public interest..

2 Like

Akshay Ratan (personal)     02 December 2014

Sir , Link is not working . Can I directly go to PF office and ask for details, will they provide it to me.

Soman (Dy Manager)     02 December 2014

Good information ZeroLife498.


(Guest)
Useful info, thanks for the link.

Samir N (General Queries) (Business)     06 December 2014

There are many ways for a woman or man to be employed and yet show that he/she is officially unemployed by ensuring that there is no paper trail. For example, receive compensation in cash only.  What is the best legal way to handle this problem? Hire a private detective who is licensed and have him or her follow her for a couple of mornings and if she is working full-time, he will be able to trace her employer. Repeat this for a few days until you are sure. Then ask him to give you an affidavit to this effect. Then file an application with the Court, attaching the affidavit of the private detective, asking the Court to issue a summons to all officers and owners of the company (depending on whether it is a private ltd or public company, small or big, you may ask the Court to issue summons to appropriate officers). The rest is easy.  When these officers, especially if it is a large company, are on the witness stand, they will break down and tell the truth. Just remind them that if they lie, they would be perjuring and therefore subject to IPC penalties, including jail time. 


If she has lied about her compensation... pursue perjury proceedings aggressively and Courts have started to take real action on wives who blatantly lie about their income.

T. Kalaiselvan, Advocate (Advocate)     06 December 2014

If it is detected that she is employed but suppressed the fact before the court while filing the maintenance case, she can be prosecuted for perjuring the court with false information for wrongful gains.  If you can get the details from the local PF office about her employment status, with the help of the procured evidence you can go ahead with a perjury case against her while simultaneously repudiating her claim for maintenance on the same grounds.  discuss with your lawyer and decide further.

N R Dash.. (Advocate)     06 December 2014

Thanks for the epf link & info. Really helpful.

Fight for justice (Consultant)     07 December 2014

This information is only adequate if some one knows about the company name else quite difficult to fetch the employeer name from only person name /any details like PAN card/DOB/passport number ...

 

To get correct information about your spouse salary/company name you need to go legally else hire a local detective ...no other way around...

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