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Kavitha SG (Housework)     20 March 2019

Can we ask jd to submit his salary certificate in execution?

Hello Team,

I have filed execution to pay arreas of maintenance against my husband. In execution, can we put application to direct JD to submit his salary certificate.

Because, my lawyer said that court can not direct JD to submit his salary certificate, is it true ?

Please advice.

Thank you !!!



Learning

 8 Replies

Shashi Dhara   20 March 2019

Yes now uhave to take steps to recover the arrears of maintenance.at the time of evidence u have to prove his income it was necessary to decide maintenance amount. If his salary enhances then u may apply to enhance maintenance amount only.

R Venkateshwarlu   20 March 2019

No you can file a petition under Order-21 rule-41 (1) by praying the court to direct the Employer of your husband to submit the salary particulars of your husband, if you want drafting call me on 9885071474

Kavitha SG (Housework)     20 March 2019

Thank you, Sir.

But we have already filed application into the court to direct JD's Employer to provide his salary certificate.

But after providing notices to the Employer they have not sent the JD's salary certificate yet.

So, kindly tell me is there any way to get the JD's salary certificate or if any remedy.

 

R Venkateshwarlu   20 March 2019

The court can ask your husband to produce his salary certificate or if you know the employee id of your husband you can get the details from treasury website of your husband working place, or you can get the salary particulars through RTI also as his wife

Kavitha SG (Housework)     21 March 2019

RTI is not applicable in Private company.

Kavitha SG (Housework)     22 March 2019

What is mean by treasury website. Is it also for private IT company ?

And, RTI is not applicable for Private firms.

Please advise.

R Venkateshwarlu   22 March 2019

No you can file a petition for the submission of his salary particulars

Kavitha SG (Housework)     24 March 2019

how to file petition for the submission of the salary means under which section ?


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