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akshaykumar (unemploy)     08 March 2017

Crpc 91 court order not obeying wife's employer and delaying

Dear Experts

In CRPC 125 Family Court had pass order to wife's employer to attend court with her latest salary slip under Crpc 91 application.

But Employer is not attending court from last seven month and delaying  case. 

In these seven month wife had changed the job to other company without epf.

so we had also apply new crpc 91 for obtain her job details in new company. It is pending.

so question is that

q.1. what is procedure to invit her first employer in court as soon as possible because employer not following court order and wasting time of court and therefore we are in mentally tension? (she is getting benefit of interim order of maintenance from metro court in pawdva 2005. In that order court had mention that she had not any income and respondent income is not proved. real thing is that she is doing job and i am unemployed)

q.2. Can we request to judge that please order to wife (applicant) for produce her last salary slip with her salary bank account of previous employer as wel as her current employer?

q.3. applicant is passing time and changing job continuously and hiding her salary - income details so we are doing crpc 91 application for seeking her salary details when will her these type of tactics end and what is the unfailing procedure to kill her these type of tactics?

q.4. we had done application in metro court to reduce interim maintenance amt on the base of cross examination document of family court (in that document she had accepted that she is doing job and salary is 9000 but she not produce her salary slip.she was unable to produce any my(respondent) income proof. but due to her tactics of changing job and hiding salary - job details in court how to convince court that she is playing game with me and also with court by using tactics of changing job and hiding salary-job details?   otherwise it would be hurdal in reduce in interim order.

so please help me to unfailing procedure to destroy her tactics.  with sections details.

Thanking you in advance



Learning

 3 Replies


(Guest)

Warrant issue to employer 1.  If employer 2 also does not appear, get warrant issued.

You need to understand one thing, IA is temporary.  Why court has not observed her doing job and frequently changing job or at least see that she is educated woman and stop IA?  Please post full facts of case, or scan copy of maintenance order, so that correct advice can be given.


(Guest)

File a maintenance application asking wife to pay you maintenance,

Dr J C Vashista (Advocate)     09 March 2017

1. The provision of section 125 Cr PC is not for the benefit of husband.

2. The power of Court (for section 91 Cr PC) are there to compel the employer to be present in the Court on the appointed day/date/time.

3. The court/husband cannot ask the wife how and why she is changing her job.

4. Contact and consult your lawyer for further guidance and proceeding.


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