Hi friends,
I need Experts advice on this query.
Scenario 1:- Suppose if the husband is working in a Private Limited Company. His salary was Rs.25,000/- and he also got incentives on his sales and takes home around Rs.34,000/- to Rs.35,000/- per month which het gets paid by cheque and is also reflecting in his IT returns.
If a maintenance case is filed under DV Act and Sec.125 and the husband produces his salary certificate of Rs.25,000/- then will the court accept the salary certificate or will the court say that since the husband is getting incentives also on sales then we'll include the incentives also while calculating maintenance.
The reason why I am asking this is because Incentives are purely dependent on sales and are variable depending on Sales and market conditions. However the salary is fixed.
Scenario 2: Husband is working in Sales in a Private Limited Company and he was getting a Salary of Rs.30,000/- per month. However due to non-performance and not achieving targets his company has put him on Disciplinary Action Plan and given him the option to take a Salary of Rs.20,000/- per month and on top of that the company will give him incentives on the total business he gets for the company in a month. Then at that time if the husband produces his Salary certificate of Rs.20,000/- per month will the court accept the present salary or the salary which he was getting prior to disciplinary action.
Scenario 3: Husband is working in Sales in a Private Limited Company and he was getting salary of Rs.30,000/- but due to non-performance his company has reduced his salary to Rs.20,000/- at present and asked him to quit if he does not agree with it. If he produces the present Salary certificate of Rs.20,000/- then will the court accept it or go by the IT Returns of last three years.
Also while deciding maintenance plea does the court go by the salary certificate or by the IT return if the person is salaried in a Private Limited Company.
Kindly reply.
Thanks & Regards,
Rohit
