Sharing of salary under settlement
Abdul Latif
(Querist) 31 December 2013
This query is : Resolved
Dear Sir/Madam,
Today, I got one interesting letter.
A wife of our employee sent us one letter by speed post through her Advocate saying that she has filed application for divorce from our employee and is in the process of settlement. Under the settlement, it is agreed that 50% of salary of our employee will be given to the wife for next 5 years. She now wants my company to directly credit 50% of salary of our employee to her Bank Account. Further she said that if we do not agree to give 50% of salary to her then stop making any salary to our employee till the outcome of the divorce application.
My querry are as follows :
1. How can we do that? How it is possible for us? Should we reply to that letter by saying we decline the same to do?
2. Can court ask us to give 50% of salary of our employee directly to her.
3. Is the letter have any legal implication if we do not do what she asked us to do?
4. Why we are involved in all this. We are till now, unaware of the case. How is it possible.
5. Does she have any right?
6. What should we do ?
Please advise
ajay sethi
(Expert) 31 December 2013
refuse to do so as wife is not employee . inform the wife that salary will be credited to employee account . he is duty bound to pay her 50%salary as per consent terms .
Abdul Latif
(Querist) 31 December 2013
Thanks Sir. I gave the same view to our management but they said to take expert advice on the same.
ajay sethi
(Expert) 31 December 2013
thanks for your appreciation
BAALASUBRAMANNYAMM
(Expert) 31 December 2013
You should not share the employee's salary to his wife, where there is a family dispute arises,in question, until and unless a competent court directs you, in this regard. Simply send a reply asking her to produce "court order" in this regard.
Devajyoti Barman
(Expert) 31 December 2013
1. Do not do so as you are not bound to so to say the least.
2. Yes
3. No
4. IGNORE
5. She has right against her husband alone not you.
8. Sit idle.
Sudhir Kumar, Advocate
(Expert) 31 December 2013
1. How can we do that?
Ans : Simply by paying advocate fee she can send such notice to you.
How it is possible for us?
Ans : You have a liability to pay your employee the agreed wages unless there is authority from court to do to the contrary.
Should we reply to that letter by saying we decline the same to do?
Ans : You are not even bound to reply?
2. Can court ask us to give 50% of salary of our employee directly to her.
Ans : Yes. But such liability will arise after following a long procedure and once he leaves your service you have no liability.
3. Is the letter have any legal implication if we do not do what she asked us to do?
Ans : You have not received any directions from Court.
4. Why we are involved in all this. We are till now, unaware of the case. How is it possible.
Ans : You are not involved. By simply sending this notice you are not involved. This notice is intended to create uncongenial work environment for the employee.
5. Does she have any right?
Ans : Not till court passe order to attach his salary.
6. What should we do ?
Ans : Already advised by Mr Banrman
Rajendra K Goyal
(Expert) 31 December 2013
No need to take cognizance of such notice till court orders received.
Abdul Latif
(Querist) 01 January 2014
Thanks sir for clarification in details. I am not replying to the said letter and sit idle. Right now I adopted the policy to wait and watch. I feel sending reply will drag unnecessary in the matter. So for the time being I am ignoring this letter and when any court order/direction will come then will follow accordingly.
ajay sethi
(Expert) 01 January 2014
you must reply to legal; notice .
Abdul Latif
(Querist) 01 January 2014
Dear Sir,
I feel and as per advice of other expert that we are not bound to take cognizance of the notice and so why to reply this letter. I feel sending reply will drag us unnecessary in this matter. This is not legal notice. It is only letter sent through advocate. There is not mentioned any thing like if we fail to obey what she is asking us to do then she will take any action against us. Therefore I decided not to reply to that Letter
Sudhir Kumar, Advocate
(Expert) 01 January 2014
agreeing with above i will add that it is not even a formal application from her.
T. Kalaiselvan, Advocate 
(Expert) 01 January 2014
In my view, you must reply to the advocate denying the demands made by her through him.
1. How can we do that? How it is possible for us? Should we reply to that letter by saying we decline the same to do?
You should give a reply to the notice (you call it a letter but it was sent by an advocate, hence construed as a notice)stating that you will not be able to comply with the demand in the absence of any court order to this effect.
2. Can court ask us to give 50% of salary of our employee directly to her.
If court is passing an order/judgment in this regard, you may have to comply with it.
3. Is the letter have any legal implication if we do not do what she asked us to do?
Issue a reply notice declining the demands made by her.
4. Why we are involved in all this. We are till now, unaware of the case. How is it possible.
It is because he is your employee, hence.
5. Does she have any right?
She has no right over you.
6. What should we do ?
Issue a reply and wait for the court order, if any.
V R SHROFF
(Expert) 02 January 2014
U need not act.
Ask Adv to issue you a certified copy of the court order.
As u r not a party to suit, Court cannot order you.
Unless court order, nothing is binding upon your company.
V R SHROFF
(Expert) 02 January 2014
U need not act.
As u r not a party to suit, Court cannot order you.
Unless court order, nothing is binding upon your company.
ajay sethi
(Expert) 02 January 2014
it is always advisable to reply to legal notice issued by an advocate . any how it is your call
