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rakshit (others)     17 June 2014

How to get wife salary details working in private company

Sir,

             My Wife has filed Maintenance Case against me under section 24 in Family court Bangalore.

My Wife is working in a Private company in Bangalore. 

So is there any legal way to get her salary details from her office.?

I heard there is section cpc 151 to get her salary details.

Please let me know which section I have to use to get my wife salary details from her office..

Thanks,

Raksh*t



Learning

 7 Replies

Dr J C Vashista (Advocate)     17 June 2014

Apply to the Court for issuance of summons to her employer along with salary record and/or issue legal notice under order XXII Rule 8 CPC.

Laxmi Kant Joshi (Advocate )     17 June 2014

Move an application in the concern court and request the court to give direction to the employer to submit her service details including her salary before the court .

Advocate Ravinder (Advocate/Attorney)     18 June 2014

@Vashista sir.

Order XXII Rule 8 relates to Insolvancy. Better check up once. Rest of the answer is correct. I also agree with Laxmi kanth Joshi.

 

sandykrish (Interested in Family LAW)     19 June 2014

Move an application under section 91 OF CRPC:

 

Section 91 with the head note Process to Compel Production of Things of the Code of Criminal Procedure, 1973 states that:

(1) Whenever any Court or any officer in charge of a police station consider that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring hm to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

Whereas section 93 When search warrant may be issued; in sub section (1) provides that:

sujit kumar (none)     19 June 2014

My out-laws have been filing RTI in my office to get my salary slips.  My office has denied them the same.The complaint from 498a girl is in CAW cell.  What should I do? When the case will go to the court I am intending to submit my salary slips on my own.  What should be my stance in CAW cell.   

T. Kalaiselvan, Advocate (Advocate)     20 June 2014

@Raksh*t:  You can very well file a petition before a court seeking its permission to send summons to her employer to produce the employment and salary particulars before the court.  You do not worry about the section, your advocate will take care of it.

T. Kalaiselvan, Advocate (Advocate)     20 June 2014

@Sujit Kumar: The private company is not bound by RTI act hence they can deny to furnish the information sought.  Your salary slips are not required to be produced for the case filed against you u/s 498A of IPC.  The CAW cell may make inquiry/investigation relating to the cruelty as reported to them by her, they cannot go beyond the subject being dealt.  You do not have to produce your salary slips before court too for this offence.  The CAW cell will ultimately submit the case before a criminal court for trial, you can challenge the case accordingly then.


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