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buddha (pm)     08 March 2013

Forged pay stub submitted in dvc

Hi, 

My wife filed dvc against me and my old aged parents and along with the other documents she filed the pay stub of company in USA where i was not worked.  She created forged pay stubs and submitted in the court and in the cross examination she told that she got the pay stubs from my house only(Presently she is staying with her parents), then i took the certified copies of that pay stubs.

 

Please suggest which is the appropriate action 

1. Can i give a complaint in the police station or any appropriate authority to give complaint like cid?

2. Can i directly file perjury in the same court  since my advocate is not interested in filing perjury presently.

3.  Any other steps to proceed in this case?



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     08 March 2013

 

Yes : But you have to prove it is forged (original never existed). Evidence of said company may be needed

Pooja_____ (HR)     08 March 2013

Good strategy by wife. You must have lied in the court by mentioing very less salary. Now she has submitted docs, which show exaggerated salary. You have two options

1. Accept your salary as mentioned in her document

2. Prove that her document is wrong by submitting your original salary slip from your employer. Otherwise how will you prove perjury?

HK_Jain... (498a Fighter)     08 March 2013

good strategy by wifes, I would like to say..

Sudhir Kumar, Advocate (Advocate)     08 March 2013

areed with above two members.

Never Give Up (Fighter)     08 March 2013

If everything you get is white money then there is no point in hiding actual income. Court can send summons to your employer and find out the same or else your wife can grease some palms and get your IT returns.

 

BTW maintenance will not be decided upon your earnings in USA solely. It has to be adjusted to Indian Cost and life style. There is a judgement existed for this.

 

You can alternately try following,

Write an email to company HR stating full facts , attach all documents (scanned certified copy) and ask questions like if so and so person worked with the company as mentioned in the document. Get their reply and put it in the court. This way you can ensure that forged document point is proved and then you need not put your other companies employment details ...

 

 

stanley (Freedom)     09 March 2013

Has she sworn by way of affidivat that this is your pay slip in order to file pre-jury ?? 

As you have not worked in the company dont bother even if summons are sent to the company which is based abroad they will not bother to respond to the summons and waste their time and money coming down to india . Even if they do come as you have not worked for that company what can they prove in the cross examination :-) .

Other way round is re-butt her claims and ask her to sumbit a certified copy of your pay slip which the company will never provide as you have not worked with them . Alternatively file a affidivat stating that this isnt your pay slip or other way round is to sumbit a certified copy of your pay slip where you are working .

Pooja_____ (HR)     09 March 2013

Why the lady will submit fake salary slip on oath or affidavit?

She can always claim that husband had shown this salary slip to her and being a abla nari, she cannot get into hassles of proving salary slip in her possession and  will request the court either to accept her salary slip as genuine or order the husband to produce his salary slips for the last so many years.


Funny thing is that we all are writing comments and the querist is not disclosing factual details.

stanley (Freedom)     09 March 2013

Originally posted by : parora

Why the lady will submit fake salary slip on oath or affidavit?

She can always claim that husband had shown this salary slip to her and being a abla nari, she cannot get into hassles of proving salary slip in her possession and  will request the court either to accept her salary slip as genuine or order the husband to produce his salary slips for the last so many years.


Funny thing is that we all are writing comments and the querist is not disclosing factual details.

In DV cases why do abla nari's file false cases can you answer this question ?? Thats the reason i have asked the question if she has filed the same over oath /affidivat .

Burden of proof is on her to prove the same and she can very well summon his employer to prove it  :-) .alternatively she can call for the documents using CRPC 91.

Pooja_____ (HR)     09 March 2013

What if she shows her inability to prove the husband's salary slip on record and requests court to order husband to prove or disprove the salary slip on record?


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