Maintenance case, passport as a proof of employment

I don`t think the personal travel plans of anyone can be obtained under Right to Information Act(RTI).

She can gather information through RTI from your navy/merchant department also. Passport only is not a criteria to gather information about your income details etc.

1. More than Passport you have to worry on her side's persuasive pleadings which gets hands down allowed in a ex part DV interim case in reference to context.

2. All that her side has to state persuasively (BTW hiiring a junior level fresher advocate); My Ladyship; Husband has committed certain dream violence upon me and thrown me out of his big house and is luxuriously working in merchant Navy ship where the starting salary varies between Rs 50,000 to Rs 75,000 a month in Indian companies, whereas my husband is working for some of the best world companies on contract basis and it is no rocket science as even seen by this Hon'ble Court in past few cases of similar employed husbands, that foreign companies pay higher and a starting salary of $ 2,500 to $ 4,500 a month can be expected. There are many more perks and benefits which my husband being working in a foreign merchant navy ship enjoys such as; free food, accommodation, paid leave, two-way free passage, bonus, holiday travel and other annual benefits. Now since all his personal liabilities towards his own maintenance is well taken care of it can also be reasonably said that he has no tax liabilities under Vienna Convention as employees of merchant navy are exempted from even paying tax being their salary paid at sea and only liability is towards my unfortunate client who is thrown out from her matrimonial home - kindly look at my client once!

3. Can you rebut to me how difficult is above persuasive pleading by a fresh LLB passed member of the Bar to adduce before Bench and get ex part interim maintenance for his client i.e. for your metro wife. Now worry more about that then Passport, which is to say being in merchant navy it is obvious you will not come on each and every date of dream violence case hearings being at sea at some remote strait that is why I used in para 1 ex part fate of such DV cases. Now have a laugh feeling how are such low skilled based (ops straight forward persuasive pleadings) sounds in a DV Court against you a merchant navy employee J

Bottom line advice; take sabbatical from your high seas job and get yourself moored for the time being in Indian soils – meet up with a seasoned advocate in his Chamber found via reference – opt either to contest case or plan on mutual consent and then re-join some company and richen your remaining youthful years instead of being burdened with persuasive ex part judgment which is obvious to come which in-turn ends up in higher alimony payment as seen in cases of pilots – merchant navy – drillers (Cairn – Vedanta employee husbands) etc. at the end of the pathetic family law trial where the case is that of un-employed housewife metro wife.

1) your wife has demanded 1 lakh as maintenance . you have not mentioned whether your wife is working or not .

2) what is your salary . on receipt of summons engage a lawyer . file detailed reply to her allegations made in DV complaint .

3) Dv cases are reffered to for counselling to enable parties to arrive at an amicable settlment .

4) supression of your income wont help . generally in DV cases ladies exaggerate the income of the husband to get a good maintenance order .

5)try to settle the DV complaint

@Tajobsindia

Sir,

I have not been working & not going to ship from last 1 year so there is no earning now. from last 6 months I am passing through 498A case mediation, which has failed,  then I am on Interim bail & now waiting for regular bail.

I have already hired a lawyer and he can handle or delay the case if I am abroad for atleast 5-6 months. Now she has to find out when I am going to the ship, but still I am home & no job.

If I want to join back to ship for little time like 3-4 months, I can easily change the company so that she doesn't have any proof where I am working.

My questions are:

1) Does she needs to prove domestic voilance happened on her before getting the maintenance.

2) She has filed many dirty allegations under Sec-498A, 3/4, 406, 328-Attempt to murder, 376/511---attempt to rape.  from which Sec-328 & 376/511 has been removed in Police inquiry & have been removed in Final Report in the Court.

 DOES IT PROVE SHE IS DOING CRUELTY UPON CHARGING US ON FALSE ALLEGATIONS..............Will it be helpful in settling the Maintenance to her.

3) How much maintenance is provided to her, if I can show I am not working as I am facing all the criminal cases & I have to attend court cases.

@ Mr. Ajay Sethi,

Sir,

I was earning very well but because of this family problem and lots of cases under DV act & Dowry Case I am at home & cannot go abroad for my work. also I am still on intrim bail waiting for the regular bail & may get in 10-15 days.

My wife is earning since she left her matrimonial home, doing labour job as a helper in a garments company, earning 5000-6000rs per month..........

Also She has filed many dirty allegations under Sec-498A, 3/4, 406, 328-Attempt to murder, 376/511---attempt to rape.  from which Sec-328 & 376/511 has been removed in Police inquiry & have been removed in Final Report in the Court. Chargesheet is yet to come in court.

 DOES IT PROVE SHE IS DOING CRUELTY UPON CHARGING US ON FALSE ALLEGATIONS..............Will it be helpful in settling the Maintenance to her.

If the case goes for the councelling then we can try to settel the case but she is demanding a huge amount, during 498A case mediation she demanded a seperate FLAT in her parents city & then also she was not ready for divorce even after making such filthy allegations.

1)dont bow down to her demands . fight case on merits . the demands made by your wife are exhorbitant .

2)if you are unemployed the question of payment of maintenance of rs 1lakh a month does not arise . 

3) draw attention of the court to the fact that your wife is presently working and earning Rs 6000 a month .

4) case of cruelty is made out against your wife