About maintenance and divorce
Himesh Kumar
(Querist) 19 December 2018
This query is : Resolved
Dear Sirs,
My friend had applied for divorce in court 2 years back.His wife is taking 3000/month as maintenance., stating as she is not working.she is an MBA Graduate.She was working in a company and quitted recently after the court ordered for 5000/month.we came to know about her job and was not able to get proof of payment or working n that company.it is a private it training company.w e asked the MD and Hr of the company but agreed that she was working.and and we have proof of telephonic conversation.we asked about the same to provide us but they denied.pl help me in this regard,how to get proof from private company.
Vijay Raj Mahajan
(Expert) 19 December 2018
Call for her employment details including her salary account details by summoning it in the court, move application in this regard, court will allow it and evidence with regards to her employment will be there for court to decide the issue of maintenance.
Himesh Kumar
(Querist) 19 December 2018
Dear Sirs,
Does this company come under RTI.IF we will try this.
Himesh Kumar
(Querist) 19 December 2018
It's a private it training company.
Himesh Kumar
(Querist) 19 December 2018
Our advocate is asking for proof to do that,but we don't have any proof other than telephonic conversation to company about her work.
adv. rajeev ( rajoo )
(Expert) 19 December 2018
You file an application in the court to call for the documents regarding employment the wife from her employer, if employer failed to produce the same then produce the recorded conversation.
Kumar Doab
(Expert) 19 December 2018
Court can order for employment and payout details.
RTI thru regulators e.g; IT authorities, EPFO etc can be pursued.
In matrimonial matters spouse can ask for details of other spouse thru RTI.
Kumar Doab
(Expert) 19 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Kiran Kumar
(Expert) 20 December 2018
You are definitely required to summon the records of the company. Now the problem would be that the said company may not be having your wife on permanent pay rolls. In that eventuality it may be a bit difficult for you to prove your point.
You need to find out some document to show her employment details. If that is not possible then at least file a necessary application before the court on the basis of telephonic conversation and other allegations.
Dr J C Vashista
(Expert) 20 December 2018
1. I fully agree with the expert advice of Mr. Vijay Raj Mahajan & Mr. Rajoo.
2. Let your friend's counsel may request the Court to summon the HR/ MD with service records of the applicant.
3. Your friend's counsel can issue notice u/o XII Rule 8 CPC to applicant and her HR to produce necessary records.
4. What is the opinion/ advise / strategy of the lawyer engaged by your "friend" ?
5. Why are you so much interested/ concerned in the private affairs of your "friend" ?
Himesh Kumar
(Querist) 20 December 2018
Dear Sir,
he is one of my childhood friend,he is working as co operative bank employee.His brother s are car mechanic s, working in a small garage.He is earning₹13+k ,out of it he has to bare his family expenses, Also his wife didn't stay at least two months after marriage.She waked away.
So I knew this fact and will ING to try to help.these are Muslims family.dispute, inspite I am trying to get some help from you all dignitaries.
Himesh Kumar
(Querist) 20 December 2018
Dear Sir,
he is one of my childhood friend,he is working as co operative bank employee.His brother s are car mechanic s, working in a small garage.He is earning₹13+k ,out of it he has to bare his family expenses, Also his wife didn't stay at least two months after marriage.She waked away.
So I knew this fact and will ING to try to help.these are Muslims family.dispute, inspite I am trying to get some help from you all dignitaries.
Himesh Kumar
(Querist) 20 December 2018
Dear Sir,
he is one of my childhood friend,he is working as co operative bank employee.His brother s are car mechanic s, working in a small garage.He is earning₹13+k ,out of it he has to bare his family expenses, Also his wife didn't stay at least two months after marriage.She waked away.
So I knew this fact and will ING to try to help.these are Muslims family.dispute, inspite I am trying to get some help from you all dignitaries.
