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Devi   09 September 2016

Please help.... urgent..

Please help me.. i have applied for annulment and my wife filed for maintenance.. even though she has been working since 22 years.. she is still working but at tuday's counselling she lied and said tat she is unemployed... wat sud i do?.. my lawyer asked me to take a pic of her going to office... but cant tat b challenged?.. wat if she says.. tat pic was taken b4 marriage??.. please lend me suggestions... I hav a daughter 30 years of age... studying... and im looking aftr my mother too.. our marriage was only 42 days non consummated..please help me..how sud i fight back


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 7 Replies

Mukesh sharma (job )     10 September 2016

Hi devi if your wife working than she can not apply for maintaince and if she do the same in court than you may collect avidence and show in court here you reach to her office where she working and meet with manager and ask them to provide her monthly salary slip and if he/she could nt do same than you go by RTI same and collect salary slip and if you have some other document related to job than you present them in court 

thanks

Devi   10 September 2016

Thanku so much sir... but te thing is te manager seems to b supporting her in tis case.. he is not giving us te salary slip... tats te problem here.. is video enough? Of her office??.

Sachin (N.A)     10 September 2016

Originally posted by : Devi
Thanku so much sir... but te thing is te manager seems to b supporting her in tis case.. he is not giving us te salary slip... tats te problem here.. is video enough? Of her office??.

 

The video evidence or photograph is sufficient, Even if she says it is of prior marriage it doesn't matter. You only need to prove her capacity to earn. Law says that right to maintenance is for that spouse who is unable to earn not for unemployed spouse. And her working details even prior to marriage is sufficiant to prove her capacity to earn.

 

Hope it helps!!

Sachin (N.A)     10 September 2016

Moreover try to get details how her company provide salary to other employees like through checque or salary transfer in salary a/c or try to get details from pf office.

Devi   10 September 2016

Thanks a lot sachin sir... its really a great help...

Devi   10 September 2016

But sirs... can anyone tell me...?.. isnt te liabilities of a man taken.into.consideration??.. i have a daughter .. i take care of.my mother.. and have recurring deposits.. does tat hav no value?.

Sachin (N.A)     10 September 2016

You both will be ordered to file the income and expenditure affidavit.

Format of affidavit

 

https://dtf.in/wp-content/files/Delhi_High_Court_Judgement_dated_14.01.2015_-_Kusum_Sharma_Vs._Mahinder_Kumar_Sharma.pdf


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