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pks (freelancer)     17 November 2014

Salary details in crpc 125

My estranged wife asked me through her cousel to submit salary details, Previous year ITR & Form 16 and last six month bank statement in CrPC 125.

 

Is there any provision in law that can force me to submit these details?

 

If not, how can I counter her? What can be other ways for getting this info?



Learning

 4 Replies


(Guest)

If you are working in private sector.  No need to file all such details.  At the most the wife can ask court for getting records from your employer about your employment.

If you are government employee, your details can be gotten easily by the court.


Wife may have filed 125 crpc application, but not necessary that she will get maintenance from court.  If wife has left your house on her own will and accord and without any rhyme or reason, dont pay a single paisa to her.  Even court will not award any maintenance to wife who has abandoned and deserted her husband.  Make use of following judgment.

 

SC- No alimony for woman who desert husband

 

   Court No.10             SECTION IIA

             S U P R E M E      C O U R T   O F    I N D I A

                             RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl)... 2009  CRLMP.NO(s). 18899

(From the judgement and order dated 19/03/2009 in CRM No.24684/2008 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)

 

POONAM                                                Petitioner(s)

 

                   VERSUS

 

MAHENDER KUMAR                                        Respondent(s)

(With appln(s) CRLMP 18899/2009 c/delay in filing SLP

 

Date: 16/11/2009    This Petition was called on for hearing today.

 

CORAM :

          HON'BLE MR. JUSTICE V.S. SIRPURKAR

          HON'BLE MR. JUSTICE B. SUDERSHAN REDDY

 

For Petitioner(s)     Mr. S.N.Pandey, Adv.

 

                      Mr. Chander Shekhar Ashri,Adv.

 

For Respondent(s)

 

             UPON hearing counsel the Court made the following

 

                                 O R D E R

 

              Delay condoned.

 

              The special leave petition is dismissed.

 

           (Shashi Sareen)                       (Shashi Bala Vij)

             Court Master                           Court Master

 

https://courtnic.nic.in/supremecourt/temp/pr%201889909p.txt

 

 

Here is the full text of the Punjab & Haryana HC judgment upheld by SC

 

IN THE HIGH COURT OF STATE OF PUNJAB AND HARYANA AT CHANDIGARH

 

Criminal Misc. No.M-24684 of 2008 (O&M)

 

POONAM   …PETITIONER

 

VERSUS

 

MAHENDER KUMAR   …RESPONDENT

 

 

Criminal Misc. No.M-24684 of 2008 (O&M)

 

 

Present:           Mr.P.L. Goyal,  Advocate,  for the  petitioner.

 

                       Mr. S.D. Bansal,  Advocate, for the  respondent.

 

Marriage of Poonam (petitioner) with Mohinder Kumar (respondent) took place on 23.1.1998. Two sons were born out of the wedlock, who are residing with the respondent. The petitioner is residing with her parents. A case under Sections 406/ 498-A/ 149/ 506 of the Indian Penal Code was registered at the instance of the petitioner against the respondent and others vide F.I.R. No.52 dated 17.2.2000 at Police Station City, Jind. The petitioner filed a petition under Section 125 of the Code of Criminal Procedure (hereinafter referred to as vthe Code') claiming maintenance from the respondent alleging that he was running wholesale business of sale and purchase of utensils in the name and style of M/s. Laxmi Metal Store and was earning Rs. 10,000/- per month. This petition was contested by the respondent on the ground that the petitioner left her matrimonial house on her own accord and that she was earning about Rs.10,000/- per month as she was M.A.B.Ed. The Judicial Magistrate 1st Class, Jind, vide order dated 9.6.2007 dismissed the petition filed by the petitioner under Section 125 of the Code. The petitioner went in revision against the order passed by the trial Magistrate. The same was also dismissed vide judgment dated 5.8.2008 passed by the Sessions Judge, Jind, although holding that the husband has not been able to prove that the wife has sufficient means to maintain herself and, at the  same  time,   affirming  the  finding    recorded    by  the     trial Magistrate that the petitioner-wife left the company of the respondent on her own accord. Hence this petition under Section 482 of the Code by the petitioner seeking reversal of the orders passed by both the Courts below.

 

I have heard Mr.P.L. Goyal, Advocate, appearing for the petitioner and Mr. S.D. Bansal, Advocate, appearing for the respondent and  have gone through the records of the case.

 

The trial Magistrate, after framing issues, recording evidence, both oral and documentary, and hearing the learned counsel for the parties, came to the conclusion that the petitioner has not been able to prove on record that she was ill-treated by the respondent or he was cruel towards her in any manner. Except her statement, the petitioner failed to examine any other witness in support of her case to prove ill-treatment, dowry demand and other allegations made in the petition. Even the parents of the petitioner did not come forward to support her case. The petitioner failed to join her husband even after the petition filed by him for restitution of conjugal rights was accepted by the Court of competent jurisdiction. Petition filed under Section 13 of the Hindu Marriage Act, which was filed by the petitioner, was declined by the Court by holding that there was no desertion on the part of the respondent, rather the petitioner deserted her husband due to her own personal reasons. The petitioner did not take care of her sons, who are residing with the respondent. There is no allegation in the petition that she had ever asked the respondent for giving her the custody of the sons. The petitioner appears to be interested only  in  getting maintenance allowance and  taking divorce from the respondent. The respondent is solely taking care of the children. To bring up two children single handedly is an onerous duty, which the respondent is performing and the petitioner is shirking. The petitioner, in her cross-examination, stated that after she left her matrimonial house, she never tried to contact the respondent or her kids. In the case of Smt.Rohtash Singh v. Ramendri (Smt.), 2000 (2) R.C.R (Criminal) 286, it was held by the Hon'ble Supreme Court that a wife is not entitled to maintenance who has deserted her husband, but a wife who has divorced on account of her desertion is entitled to maintenance from decree of divorce. Failure of the petitioner-wife to prove sufficient grounds justifying her staying away from the respondent-husband and two kids shows that she had left the society of the respondent on her own accord. In these circumstances, both the Courts below were justified in declining the petition filed by the petitioner under Section 125 of the Code.

 

In view of the  above,    the present petition   is  dismissed being  without any merit.

 

March  19  , 2009.

 

(   MOHINDER  PAL )

 

ak    JUDGE

1 Like

pks (freelancer)     17 November 2014

I will provide more details:

 

I am working in private company. In her petition, she mentioned that my salaray is 100K and she asked for 50K as a maintenance per month, but actual salary is 50K. To be on truthfiul side I mentioned in my reply that I am earning 50K with 27K as a liability of loan EMI.

 

During consideration, she asked for my salary details, Previous year ITR & Form 16 and last six month bank statement to which my advocate will reply reply as "It's my private personal information, I will not disclose in honorable court".

 

Will this be sufficient? Or Do I need to give other excise?

Adv k . mahesh (advocate)     17 November 2014

you have a chance to show all the expenses like premium paid to insurance, medical bills, loans if any, house repair expenses if any to consolidate a less amount as said above court may direct your employer to produce the particulars of yours if the petition you filed is not satisfactory 


(Guest)

As you have already provided some figure in court as your salary, you should have also provided your expenditure details too. Actual income minus expenditure [loans, insurance bills, medical bills, children education bills etc] then you arrive at take home income. On that 1/3rd is calculated as maintenance. Now you have provided half information to court. Such information need be provided for at least last 6 months ie the expenses, provide appropriate bills for it. You cannot give such letter stating you wont provide such details. If court wants, it will get your employer by sending summons. And the employer will have to come to court and give evidence of information asked. If they dont come, warrant will be issued and they will be arrested and produced in court. Now your maintnance will be calculated on 23,000 ie 1/3rd which will come to 7666. Roughly 8k might be ordered looking at other factors, maintenance may be denied if wife left on her own , wife is working , previously worked before marriage etc etc


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