To avoid Maintainence from wife

In your reply mention that she is employed. When it comes to evidence stage and if she denies then ask the court to summon the school authorities to testify. They will have to reveal the employment details.

u r submit u r wife pay slip  & u r submit in court  u r wife are job  there in recod in school in submit  to court  there are one  application   &  u r submit recusation sec-9 u sub mit court

Hi,

Is this procedure holds good even in case of private job while defending crpc 125.

I mean, If I am respondent (Husband) in CRPC 125 and working in Private job, Can wife ask court to summon my company and get my salary details?

Good query Mr. PC. I too join you with the same query.

1. Under S. 125 CrPC at Interim Maint. stage the Onus of proof is on Defendent (Respondent). say wife shows your salary as 50 K she has escapes from her burden of proof because it is summery procedure and evidences / cross are not required. Now it is turn of husband to proove that his salary is not 50 K but say 26 K by filing 'clarification by way of affidavit" ITR, PF , LIC , slalry Slips, Appointment letter etc. etc.


2, Now the question arise suppose husband does not discharge onus of proof in a summery proceedings then what, then the MM will inference what wife says and then husband will run to Sessions Court and or Appellate superior Court challenge the interim maint. award. But at Appellate court the damage will be done by getting a direction to deposit the arrears to listen to your story so it is always better for husbands to control the "bald allegations" day 1 onwards.


Rest as per individual capacity and capabilities clubbed with lady luck.

Whether the court has got power to summon the record of private company at the request of one party?

Yes.

Whether this power can be exercised at interim relief stage?

Yes.  But courts will not normally exercise this power for the reason that there is urgency to dispose the application for interim relief and if the party seeking interim relief  says that it can wait for the result and ask the court to summon the record in the interest of justice, the court can (discretionary) do so.  

mr goutham,

troubled soul gave perfect answer.

rti not applicable to private school. but applicable to Distirct Educational Office(DEO). therefore may do rti. before that get information about the records available  at deo office in respect to private schools. you may get this information from the clerks of that office. manage tactfully.

Hi,

My wife is in UK and im in India. She is travelling and has not yet submitted her salary slip. Her co. is registered in UK. The Judge has orally asked her to submit slip more than 4 times and advocate says that she will submit at relevant stage -- during evidence and arguement.

Please let me know how i can force her to get salary slip to court and whether notice can be sent to her employers asking them to submit/send the same

I forgot to mention that i am running a similar case under DV and the Judge has ordered exparte mandating me to pay 5000pm to child 3.5.yrs and i have been paying the same. I am representing thru my advocate as i am frequently abroad and have a hefty salary and do not wish to give her anything.

She has already filed an appeal-- arguement pending for the same , now an order issued by Judge after giving my advocate 3 warnings that i be made present before court for evidence and Im worried. She has not come before the court with clean hands and just wants to extoot from me.

Private or public every body has to obey the order of the court to produce information / evidence.

On refusal there can even be a warrant to the police for arrest and production.

Go ahead and ask for salrary records , if the lower court does not give order Go to revision on this issue alone.

If wife has source of earning , she has no right to seek maintainance.

At the same time go on offensive against the wife seeking maintainace , which will depend on case to case.    Please seek personal advice with all the case papers.

FIGHT WITH CONVICTION WITHOUT FEAR AND  YOU WILL WIN.

@ Sh Shashikumar

In one of the thread post you chukled upon me and asked me to devise strategy for men on maintenance......hence can I have your opinion to below link please

https://www.lawyersclubindia.com/forum/A-controvesy-III-Level-of-defense-in-Maintenance-to-Wife--22632.asp

hai...Mr Goutham, though your wife is employed she can claim the maintenance, provided the amount is not sufficient to her maintainance.... because it is her right to have maintenance from the husband....

hai..Mr Goutham, though your wife is employed, she can claim the maintenance from the husband, provided her revenue is not sufficient to maintain heself and children if any.... because it is her right to claim maintenance from you....

join siff  and join 498a.org forum , u will come to know all the expertise to minimise maintenance