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(Guest)

False salary slip

My hubby was getting 28 lakhs package per annum. In his present salary slip he has shown salary by 7.5 lakhs package per annum. He is working in same company where he was once getting 28 lakhs package per annum and his last year income tax return is also showing 7.5 lakhs gross salary.

I have salary slips of my husband from Feb 2009 to oct 2009. In which his per annum package was 17.25 Lakhs.

Which salary will be considered for my maintenance? How can I get permanet allimony and maintenance as per 28 lakhs package?



Learning

 9 Replies

Tajobsindia (Senior Partner )     13 September 2012

1. File a maint. case which is governed by CrPC.
2. Through it call his company's HR Manager with true copies of complete up-to-date records of his employmnet in same case which your wise adv. may file as per our above advise under para 1.
3. Also via para 1 advise if you know his PAN No. and DOB then log on to IT official website and find his WARD NO. and call AO of his Ward with complete true copies of ITR records till date filed by your husband.


All your worries expressed in your first query before us will now get solved.  

Any thing else worrying you !

1 Like

(Guest)

:-)

I have my husband PAN number and have his last year income tax return showing 7.5 lakhs gross salary I got this information using RTI.

for 09-10    17.25 lakhs gross

for 10-11    27.72 lakhs gross

for 11-12    7.48 lakhs gross

Now which one will be considered?

Tajobsindia (Senior Partner )     13 September 2012

 

1. It greatly depends on DATE OF APPLICATION is my view.
Reasoning:
People at one time of their career may be stingingly EARNING IN CRS. and on the date of application may be just comfortable pulling a home with just income and LATER they may again become RICH once all feline worries are over. Hence reference from date of marriage income and date of application financial year income is sufficient to draw ‘just inference’ and I see no reason to stick to one figure as it all boils down how a ‘smart’ adv. of your husband pushes the ‘right argument’ at right time.

I’m closing your round robin query from my end as the more I reply to you it may end up into a ‘grey area’ for a ‘just housewife’
J  

----------------------
Gr8 he he @ Stanly,

Appreciate application of mind. That reminds me of famous lines of your avatar….

Love me, feed me, never leave me”.
By: ……..!

 



1 Like

(Guest)

File salary slip which you have with affidavit in court.

give application in court for call his ralary record with Income tex details.

Also file complaint application for taking action for giving false documents in court file.


(Guest)

Latest salary slip will be consider.

But if your Husband in same post since 2009 to 2012 than how can it possible to decrease salary. Find out facts.

stanley (Freedom)     13 September 2012

I disagree to my uncle Tajobs regarding inference partly and to Mr Prajapate 

Reason being 

1. The current package would be Considered for your maintanence that is 7.50 lacs . Using RTI you have got his ITR returns as Rs 7.48 lacs for the current year 2011- 2012 and he has declared his income as 7.50 lacs for the current year  .As Mr Parajapte says to file a application that he has sumbitted a false document .Its of no use as there is nothing false in this.

when it comes to an argument he would convey to the court that his salary has been cut down due to recession . And the various aspects the age factor,economic downturn  in consideration towards finding another job as the job market is down  etc . For which he may even furnish that for the current year he was forced to sign a contract with the employer with the current package or else he may be thrown out of his job . And as uncle Tajobs concludes "LATER they may again become RICH once all feline worries are over" is a true fact of life . What so ever your advocate may convince you i will do this and that it would be nothing but false promises and assurances . Have a nice day and god bless you .

Adv. Chandrasekhar (Advocate)     13 September 2012

Originally posted by : Mamta Rani

:-)

I have my husband PAN number and have his last year income tax return showing 7.5 lakhs gross salary I got this information using RTI.

for 09-10    17.25 lakhs gross

for 10-11    27.72 lakhs gross

File an application enclosing the documents showing the above said figures.  Request the court to direct him to produce his salary details for the period after 10-11.  If he shows only about Rs. 7 lakh package, the court will put burden on him to show that how in the same organisation his pay package has plummeted?  The court will not blindly believe his averments on this point.  If you doubt about the authenticity of the figures produced by him, you can again move an application in the court seeking the salary details from the employer.  The court will consider the income figure of the spouse on the date of maintenance application or on the date of the order.  If you receive maintenance on low package, then also as and when you come to know about his enhanced income, you can move application for enhancement of maintenance due to the change of circumstances. 

stanley (Freedom)     13 September 2012

My Learned Uncle Chandu I disagree with you however pleasing you may try to be to the aunts in this forum 

My Reasoning i have already mentioned above and the next is below 

1. Take for instance Mrs Mamta's hubby was deputed abroad intermittently for a few months in the year 2009 -10-11 and hence his pay package went up in terms of basic ,rent,allowances  as the cost of living abroad is more than that when compared to india .Hence the IT returns are on the higher side for the earlier years.Now  Would the court believe his avertments :) or not .

2. Now her Hubby has stopped travelling abroad hence the difference in the package .

3. As regards to doubting his salary details .Please note i assure you that he would do this with the support of his employer for the current year  . Even though his employer would be called as a witness he would testify the same than what ??.

4. Do you ever feel that her  hubby would ever make the mistake of taking a higher package any time in the future with a Maintaince case in hand .He must be well briefed by his counsel and also regarding the change in circumstances as you say and then in turn would instruct his employer to give it in another form the difference and maybe not even on his name than what :).??

5.My learned uncle Chandu please do not mistake me as her hubby  :)i am just trying to debate on this topic and increase my knowledge .I hope i have not offended you with my posts .In case i have offended you i am sorry !! God bless you .


(Guest)

I know that whenever my hubby go out of India his company give him huge money for expenditure that was told by my husband. He was working 3-4 hours extra daily in working days as he is greedy of money. My greedy hubby used to work in weekend for 10 hours. I never saw him free in my marriage life.


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