Mahadev 26 August 2017

Wife working private software company_claiming housewife

Respected Lawyers/Members,

My wife works in a private software company and earns a salary of 1.5 lakhs per month. She has filed a 125CrPC and claimed that she is housewife and needs 50000 per month as maintenance. I have the following queries :

a) I plan to file RTI to her employer to seek information about her employment and salary details but when i read through RTI act it says its applicable only for Public authorities or private companies sufficiently funded by Public authorities which is NOT the case with her Company as its one of the MNC companies headquartered in US and the parent company too is a private company. In such a scenario is it advisable to file RTI to the employer ?

b) Can't I through my advocate directly request Hon'ble Majistrate ( Case is still under she filing pleading and me yet to file WS) in Court to ask my wife to submit her experience letter for the current employer ( she has mentioned she was working with this Company but left the job few months back) which she will NEVER be able to do as she is still working with this employer ? Will Hon'ble Majistrate accept my demand or will he put the onus on me to get the proof before i may fail and request Court again to use CrPC 91 to order her employer to give the relevant documents.

c) I am actually caught in a dilemma whether to use RTI and about its applicability in this case and also if i do not use RTI whether Hon'ble Majistrate will listen to me and ask her or her advocates to submit the experience letter at this stage ? Can I standup in the Court and raise my hand and request Hon'ble Majistrate to listen to me for few minutes and say the experience letter thing? Hope this will not be counted as a Contempt of Court.

Could you please guide me on the basis of your vast experience in such cases ?

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18 Replies

Siddharth Srivastava (Advocate) 26 August 2017

RTI is not applicable in MNC company. Collect information regarding the employment of your wife along with her PF or PPF or IT return etc . You can summon records from her office. Sidharth 9811776422

1 Like

Kumar Doab (FIN) 26 August 2017

You may go thru CIC decision :

Sunita Chopra Vs Dte of Education ( North), GNCTD

9(c); The appellant is however entitled to have access to salary related information.

Kumar Doab (FIN) 26 August 2017

You may go thru:

Husband can defend his interest seeking the salary details and employment status of wife

https://www.lawyersclubindia.com/forum/details.asp?mod_id=152916&offset=0

Kumar Doab (FIN) 26 August 2017

The software companies are covered by Shops & Estbs Act of the state.

Shops & Estbs Rules framed the Act prescribe various registers by fixed day/date that employer/designated official of the establishment has to submit to the authority prescribed vide Act/rules………….including registers computing attendance/payment of wages and other payouts.

The IT policy of the state might have given the provision to submit self certified registers by way of electronic/digital record………..

You may attempt to get from Inspectorate for Shops & Estbs Act..

Kumar Doab (FIN) 26 August 2017

The income Rs.15000/month is taxable and Form16 must have been issued.

Despite high salary the employee might be covered by PF, ESIC……by virtue of being previously covered/ voluntary contribution…

Kumar Doab (FIN) 26 August 2017

The salary might have been credited in salary a/c in Bank.

The court can summon the employer and also order to submit the employment and earning record.

Take help of your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and having successful track record.

Entrust to your own counsel and your counsel can handle.

Radha Krishna 26 August 2017

There are other ways to get information about wife's employment through the court.

All these citations wont be of any help. It will be waste of time.

Talkk to your advocate and discuss a way out. Private company jobs = no job/no salary. Only govt jobs have a regular salary, and based on this simple theory, she even if is working, can claim alimony and you will have to pay, no other option.

Kumar Doab (FIN) 26 August 2017

Yes, there can be other way also e.g; private detective that could be having its; own cost................stull may be efficient.........

However your counsel can handle the matter as already posted.

Kumar Doab (FIN) 26 August 2017

You wanted to know about RTI and you have been supported for it.

fighter 28 August 2017

Mahadev,

You can request the hon'ble court to summon her employer under section 16.

Kumar Doab (FIN) 29 August 2017

Dear LCI Querist @ Mahadev,

LOCAL senior counsel of unshakable repute and integrity specializing in Family/Civil matters and having proven expertise in such matters can help and defend your present and long term interest....

If you have your own counsel lean on your counsel....

The other recources have also been shared with you.

It may not be possible for OP to escape.

(Guest)

Originally posted by : Kumar Doab
	You may go thru CIC decision : Sunita Chopra Vs Dte of Education ( North), GNCTD 9(c); The appellant is however entitled to have access to salary related information.

Unable to undesrtand, how the author of the problem can get benefited by the CIC decision on the case of "Sunita Chopra Vs Dte of Education ( North), GNCTD, with specific reference to a private company?

(Guest)

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab You may go thru CIC decision : Sunita Chopra Vs Dte of Education ( North), GNCTD 9(c); The appellant is however entitled to have access to salary related information. Unable to undesrtand, how the author of the problem can get benefited by the CIC decision on the case of "Sunita Chopra Vs Dte of Education ( North), GNCTD, with specific reference to a private company?

Mr. Jigyasu,

In this case, you will ever remain a jugasu wishing to know, as whatever Mr. Kumar Doab writes that is purely private information and you can't expect any clarification from him.

However, he does not come forward with any clarification, you would be able to understand fully by yourself that he intentionally tried to misguide the querist as usual, as he often does in other cases.

Kumar Doab (FIN) 30 August 2017

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab You may go thru CIC decision : Sunita Chopra Vs Dte of Education ( North), GNCTD 9(c); The appellant is however entitled to have access to salary related information. Unable to undesrtand, how the author of the problem can get benefited by the CIC decision on the case of "Sunita Chopra Vs Dte of Education ( North), GNCTD, with specific reference to a private company?