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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 September 2012

Maintenance-proof of salary-income.

Dear Experts,

 

Can you please advise what procedure is followed for verifying the salary of the employee.

Is the wife needs to arrange copy of salary slip of her husband from whom she is claiming maintenance ?

Is husband is required to submit his salary slip on his own ?

Is company of husband is requird to place on record his current salary slip.

 

Please advise.

tx and regards



Learning

 5 Replies

stanley (Freedom)     12 September 2012

1. The employer or the person who has signed on the slip or a representative can be called as a witness for verifying the salary slip of the employee .

2. if the wife already has a salary  slip of the husband she can sumbit a copy of the same .

3.if the husband wants he can sumbit his salary slip via list of documents .

4. Under CRPC 91 if called for the company can place his salary slip on record .

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 September 2012

Thanks for your response.

In this case when the wife is having Rs.20 lac in FD as maintenance from his earlier husband can she calim maintenance again from second husband.

 

Please advise.

Kind regards

HK_Jain... (498a Fighter)     12 September 2012

yes she can..

account balance in savings account does not ground to deny of maintainance.You can simply tell she is incapacitance to get maintainance and show her bank statement if you have.

stanley (Freedom)     13 September 2012

Its a matter of permutations and combinations and depends on the proof you sumbit in court and the arguments you make . There is always the benefit of doubt that she must have broken the FD's and re- invested it else where and she may state on various grounds that these FD's had been utilised for so and so purposes and she has nothing left . She can ask for maintanence from second husband but as you state she is working than she want get any maintanence from second husband .

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     13 September 2012

As per her last divorce settlement she has to keep that money in FD for 10 years in a nationalised bank.So legally speaking she can't break that FD and infact there is no reason to break at all.

 

She is working and has admitted also but he has no proof.Once she had said that in her case with first husband she use to take money in the name of her cousin, she might be doing this time also and taking money in some one elses name.


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