Employment details from wife's previous employer
mycent
(Querist) 10 February 2013
This query is : Resolved
Dear Experts,
Need your guidance on the below matter.
My wife has filed for maintenance u/s 24 of HMA. She is not currently working anywhere but was working before marriage. I had filed my reply. Recently I got hold of her resume in Naukri.com wherein she has mentioned that she worked in a small firm for 3-4 months, and this duration is after the filing of Divorce & 498a case. Argument for HMA24 is fixed on Monday. What can I do to get the details of her employment from the employer so that I can put this up in the argument. I know the name & address of the employer.
Pls advice, as I have very short time.
ANIL KUMAR 8867907494
(Expert) 10 February 2013
This will definitely help u to some extent try to get details from the employer but u can't compel them since it is private firm , atleast furnish the downloaded resume to the court
mycent
(Querist) 10 February 2013
Thanks Anil ji.
Since this is a case of interim maintenance, will the court entertain my plea for witness summon or summon of employment records from the employer ?
Guest
(Expert) 10 February 2013
By the way, what you would be able to prove, if she is unemployed now and worked only for 3-4 months previously in some small firm? In what way the information of her employment for 3-4 months would help you to avoid payment of maintenance amount to her, if she is unemployed for the present?
ANIL KUMAR 8867907494
(Expert) 10 February 2013
As i said in my earlier answer u can use these details to show that she was working and capable of getting job but it will not save u from giving maintenance to her till she gets job and also look out whether she has any other source of income which will help u out from paying maintenance
ajay sethi
(Expert) 10 February 2013
number of judgements if wife is qualified and has been working in the past would not be entitled to maintenance
mycent
(Querist) 10 February 2013
Ajay sethi ji,
I have come across such judgements for DV/CrPC125. But perhaps the "highly qualified" + "employed earlier" grounds do not hold good in HMA24 - which only looks at current source of income. Pls correct me if I am wrong. Also its wld be very kind of you if you can share any such judgement in context of HMA24 other than Mamta Jaiswal from MP high court.
R.K Nanda
(Expert) 10 February 2013
agree with Dhingraji.
ajay sethi
(Expert) 10 February 2013
Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 – Equivalent citations: 2000 (4) MPHT 457
“6. In view of this, the question arises as to in what way Section 24 of the Act has to be interpreted. Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure ? Whether such spouse should be permitted to get pendente life alimony at higher rate from other spouse in such condition ? According to me, Section 24 has been enacted for the purpose of providing a monetary assistance to such spouse who is incapable of supporting himself or herself in spite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose
ajay sethi
(Expert) 10 February 2013
2000(2) Civil Court Cases 534 (P&H)
PUNJAB & HARYANA HIGH COURT
Kuldip Kaur @ Charanjit Kaur
Vs
Karam Singh
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Rs.500/- p.m. granted as maintenance pendente lite to
the wife - Wife filed revision for enhancement of maintenance -
Husband maintaining the minor child - Wife is M.A. in Economics - It
is unbelievable that wife is not having any income whatsoever -
Presumption of reasonable conduct and capacity to earn reasonably are
equally applicable to either of the spouses to the marriage - Husband
ready to pay maintenance at the rate of Rs.1,000/- per month -
Husband to pay maintenance to wife at the rate of Rs.1000/- p.m. from
the date of filing of the revision.
------------ --------- --
ajay sethi
(Expert) 10 February 2013
1999(3) Civil Court Cases 219 (Rajasthan)
RAJASTHAN HIGH COURT
Govind Singh
Vs
Smt.Vidya
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Spouse who voluntarily incapacitates himself from
earning is not entitled to claim maintenance from the other spouse.
ANIL KUMAR 8867907494
(Expert) 10 February 2013
All these judgements says if a party doesn't make efforts to get job are barred from claiming maintenance whether case in hand she has making her efforts to get job by posting her resume in naukari, as mentioned in query, so how these judgements are applicable ????
Raj Kumar Makkad
(Expert) 10 February 2013
The judgments in nutshell also clarify that such wife is not entitled to claim maintenance who had left job and is still capable to earn. Hence the referred citations are duly relevant for your case.
mycent
(Querist) 10 February 2013
A big thanks to all experts for your valuable time guidance. Special thanks to Ajay Sethi ji for sharing the RELEVANT judgements.
ajay sethi
(Expert) 12 February 2013
thanks for your appreciation
