Divorce

Querist : Anonymous (Querist) 02 January 2012 This query is : Resolved
my divorce case is going on, and my wife is seeking a maintenance e of 15000 and a house . i have submitted my salary certifice stating my salary is 13000( actual is 15000). her laywer has written a letter to the company where i am working seeking salary certificate with a stamped on it and the tenure of working. i want to know whether my company docent reply to the letter does the court can order the company to provide detials. as my company is private company
i have already submitted my salary certificate in the court but i have showed 20% less then what i get

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M.Sheik Mohammed Ali (Expert) 02 January 2012
surely the court will consider.

Raj Kumar Makkad (Expert) 02 January 2012
It is not good to come before court with unclean hands. Court has ample power to summon record from any company or institution if your wife insists to summon that record. On the one hand you are making fraud with the court and on the other hand are also fearing to know its consequences.

Your company can refuse to sent the salary details to the lawyer of your wife but it cannot refuse to produce original record if court directs it to produce and in that case, you shall have to suffer its consequences.

Deepak Nair (Expert) 02 January 2012
Agree with Mr. Makkad.
Once your evidence is proved as false, it will backfire and the same will affect your case adversely.
The court will never order to give your entire salary to your wife as mainenance.
You can show the court all the expenses that you incur in a month including your day to day expense, house maintentance, travelling, medicines, and whatever reasonable and unavoidable expenses. The court will consider all these issues while passing an order with regards to maintenance.

Devajyoti Barman (Expert) 02 January 2012
You have drone the right job.
Rely on those documents, the court can not overlook the same.

V R SHROFF (Expert) 02 January 2012
well advised by Shri Deepak

To earn, you have to travel, spent to reside near your office, etc all justifiable amts will de deducted, and if your old, aged, imfirm parnts are depending upon your income, it will be considered by court.

Adv Aileen Marques (Expert) 02 January 2012
I agree with Mr Deepak and Mr Shroff. Also if you have parents who are dependents on you, you can state that. You can inform the court of the expenses that you incur on the well being of your parents. If you are repaying loans etc, you can bring this information to the court.