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Maintenance

(Querist) 27 January 2010 This query is : Resolved 
I am doing job on temporary basis. My wife has made petition for maintenance towards me

Court has sent samance (warrant) at my office address & calls my colleague to present at court for witness of my salary

I want know can I take letter from company regarding my remuneration certificate or can I arrange my colleague in front of court for witness of my remuneration ?

I am getting remuneration around Rs.30000 per month after deducting TDS

I have one issue & my wife is taking care

How much maintenance I have to pay her?
B K Raghavendra Rao (Expert) 27 January 2010

It is sufficient if your employer issues a salary certificate. Fixation of alimony amount differs from court to court and from circumstances to circumstances. Normally courts would award one third of the take home salary as alimony.
Arvind Singh Chauhan (Expert) 27 January 2010
Sir it not sufficient to produce salary certificate. He should produce the authority, who issued the certificate to prove the genuineness of certificate. Issuing authority should depose in court, that there is his signature on the certificate in addition to other statement on oath before the court.
B K Raghavendra Rao (Expert) 27 January 2010

When I mean a salary certificate it implies and need not be explained that the certificate shall be on the letter head, the signatory shall mention his designation in the organisation and is supposed to be genuine. Onus of proving that it is not a bonafide certificate lies on the opposite party.


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