How to get relief on my wife's maintaince under section 125

Originally posted by : Pranjal Shah
	My wife has filled interim maintaince under section 125 in February 2017 in Family court. She had mentioned in her application that my salary is 60000 per month. But my salary is 40000 per month. I have home loan running with EMI of 22000 per month,and I have also responsibility of my Mother. I am only one son of my mother and all responsibility of my mother. I have one personal loan with EMI of 6000 per month. so out of 40000 salary , I have 12000 per month on my hand. Court ordered 6000 per month for interim maintance in September 2017. Corut ordered to submit all evidence in next 3 months lately by January 2018. I have submited my bank statment and my salary slips of 40000. She has not submited any of evidnce till today. I have started paying 6000 every month. My wife's education qualification is Master in Human Resouce Management. She was working in a company and her salary was 15000 per month. She left her  job specially get money from my side. In Family Cournt, my advocate had aske her question that "Are you able to get job and maintain yourself ?" and She had replied that "Yes, I am able to get job based on my Education Qualification." All this are noted in "Ulat Tapas "(Gujarati word). Few days ago, I know that she has been working in one of big company and her salary is 18000 per month. how can I prove in court that She works in a company. Is there any legal way to give a notice to that company to provide me her employment details ? If my wife has her job, can I get relief from maintance under section 125 ? Please suggest me.

Yes.    You'll get relief.

Make the Company a DW i.e. Defence Witness.

Are sure that she works in that company? If without concrete evidence, you on hearsay, get the HR department of the Company summoned and the person appearing in the court tell that she is not working with them, your defense will fall flat on face and none of the so called experts advising you to summon the company will come to help you out.

Shri Vijay Raj Mahajan

Dear Sir

Various members give various replies.     The wrong reply is to be criticised.      But the member that gave it needn't be.

The Questioner asked for the way by which details and proof can be obtained.     He didn't ask for the the way by which he could know about the employment.

By criticising replies knowledge is exchanged.      By criticising members, nothing is achieved.

I, individually, haven't claimed to be an expert.      I haven't said I have a law degree. 

Not only experts but also members can post replies.

TGK Reddi, I never named you so mind your language. I have observed many people neither lawyers nor law graduates pass comments not only using most un-parliamentary, abusive and rude language against actual lawyers, I will not name them as many of them are using female name and false IDs to become members of this forum. I will not mind catching all of them by neck breaking their bones if these rascals come before me in person. All these people have no right to come here making fun of lawyers as they themselves know nothing of law.

Shri Vijay Raj Mahajan

Dear Sir

My language?      I shouldn't have used Shri.   Is it?       I shouldn't have written Dear Sir.    Is it?       Can you show a single unparliamentary word in any of my replies?

And what about your language?       If people use foul language, can you too use it?

I'm quite mannersful.

You're always quarrelsome.

If you're a lawyer or an expert, it doesn't mean you're a big gun and are above criticism.      A layman has the freedom of criticising you.

Govt. job or private job.     This's, I think, of no consequence.     If it's so, a husband having a private job is at advantage.

Relief doesn't mean just money from wife.     It also means less burden on husband.

I don't think the Questioner is a stupid.     Let's suppose he is.    Is it fair on the part of a member or an expert to use the word stupid?      Can they suggest that a Questioner should become a beggar?       Is it necessary to use harsh language to show off wisdom?      Is it not making an exhibition of oneself?      

Questioners too have their own prestige.   

I see!     Bye.