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kriyad0304 yadav   25 February 2022

Ask for husband salary slip and PF

sir,
I am Indian and married to nepali boy .but my husband is a software engineer and working in a Private MNC company Noida Uttarpradesh. My case is registered in a nepal court as a property share and domestic violence. my parents and me I am from India. I want the salary slip of my husband. what are the procedure of getting the husband salary slip. pls help


Learning

 6 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 February 2022

Salary slip has to be obtained from his employer. But a salary slip is a protected document pertaining to a person and it cannot be legally obtained without the permission of the person concerned or by a court order.

anubhav Bhatt   26 February 2022

Without court order its not possible for more clarification you may contact us then I'll elaborate properly.

G.L.N. Prasad (Retired employee.)     26 February 2022

You can file such an application to the employer enclosing such documents that state the cases pending and request the employer to provide such salary slip of the husband.  They may consider your request..  If they are not willing getting a suitable court order to the employer is the only available option if the respondent has not submitted such a salary slip before the court.  You can also try to seek such information from the Income Tax dept if you can provide the PAN NO and submit to ITO that this is a marital dispute and your sustenance is involved in the issue and that you are an Indian citizen.  Provide proof to them through self-attested documents.  If it is sustenance, there is a larger public interest involved and there are CIC decisions that state that maintenance is in larger public interest and claim for sustenance is a fit case where no exemptions under RTI can prevail.

P. Venu (Advocate)     26 February 2022

You can seek the production of the documents through the Court.

Palak batra   26 February 2022

Dear Querist,

 

One should know the details of the company where the person is working whose pay slip is required. Then an application would be filed before the Court in which your case of 125 is pending for summoning a witness (he will be a person who is manager or director or account department person), he will come with records of pay of employee and therefore you will get correct details of his income.

 

One can also directly approach the office your husband works and can ask for the same, as per Supreme Court guidelines.

 

Regards,

Palak

Dr J C Vashista (Advocate)     27 February 2022

I think provisions of Code of Civil Procedure, 1908 (as in India) is applicable in Nepal Courts also, if so, your lawyer should issue notice under Order XII Rule 8 of the Code calling upon your husband to produce his salary slip in the Court.

You have already filed a case in Court, presumably through your counsel, what is his / her advise, proceed accordingly ? 


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