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How to get employee details of wife filing false maintenance case
17-Jul-2023 (In Divorce Law)
I need legal guidance in the following matter. My divorce case is going on from past 2 yrs. 1>My wife haven’t filed written statement even after completion of 2 yrs duration in the case and now she is requesting the court to allow her to file ws by setting aside the NO WS order. 2>She is demanding interim maintenance in the similar case by saying that she is a house wife. Fact is she is a working lady and I have proofs for the same and I have collected the same from social networking sites and also from her college website from where got placed in IT MNC.. Queries: 1>My lawyer is saying that these proofs are collected from internet and so are not valid in the court. Also, he is asking that is she still associated with the same company? If so then these proofs are valid. 2>How to raise a strong objection to reject her ws filing request? 3>Under which section, we can get her employment details?
Regarding the WS querry -
Judges are always giving chance to opposite parties to put up their case, in that in a Family Court woman side always getting considered first.
You see the record how she avoided the Court proceedings and took Court as a granted and put up an application by that way.
Regarding her employment details -
If she is a working woman, you may make an application to call her employer as a your Witness along with her employment record details by issuing Witness Summons before hearing of her interim maintenance application.
And also her employment details taken via intenet can be proved if fitting in electonic media, if those are from her employers running sites.
Judges are always giving chance to opposite parties to put up their case, in that in a Family Court woman side always getting considered first.
You see the record how she avoided the Court proceedings and took Court as a granted and put up an application by that way.
Regarding her employment details -
If she is a working woman, you may make an application to call her employer as a your Witness along with her employment record details by issuing Witness Summons before hearing of her interim maintenance application.
And also her employment details taken via intenet can be proved if fitting in electonic media, if those are from her employers running sites.
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Adv. Sheetal Pawar
Mumbai | 100+ Answers
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What are the grounds for denial of maintenance to wife?
According to Section 125.4 of the Criminal Procedure Code, a wife does not qualify for maintenance if they have committed adultery or are infidels or refuse to live with their husbands without a sufficient reason.
How do you fight a maintenance case?
The order granting maintenance can be challenged before a higher court otherwise in case there is a change in circumstances/income/status of the parties then a remedy is available under section 127 of CrPC.
What is evidence in maintenance case?
The Karnataka High Court Dharwad Bench has ruled that the Criminal Procedure Code 1973 (Cr. The P.C. does not require proof of sufficient reasons for living apart. A clean reading of Section. 125 of the Cr. makes it clear. 11-Aug-2023
Can wife claim maintenance if she is working?
This provision is applicable to all Indians, irrespective of their religion. This section allows a woman who is not able to support herself, even if she works, to claim maintenance from her spouse. The wife must prove that her husband is capable of providing maintenance, but refuses or neglects to do so.
Sir,
Her Application for setting aside No WS order will be granted which if rejected will be granted by High Court, so family court will grant it. You can oppose it for the records and ask for cost.
Secondly you can file application for witness summons to the company where your wife working.
Her Application for setting aside No WS order will be granted which if rejected will be granted by High Court, so family court will grant it. You can oppose it for the records and ask for cost.
Secondly you can file application for witness summons to the company where your wife working.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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1. INTERNET BASED PROOFS ARE VERY MUCH VALID AND THEY HELP JUDGE TO GAUGE THE EARNING CAPACITY OF WIFE.
IF SHE IS EARNING SHE SHOULD NOT GET ANY MAINTENANCE . THERE ARE OODLES OF CASES WIFE HAS GOT ZERO MAINTENANCE.
2. STRONG ARGUMENT ONLY
3. INHERENT POWER OF THE COURT TO SUMMON THE HR / MANAGER (AS THE CASE MAY BE) FOR VERIFICATION.
IF SHE IS EARNING SHE SHOULD NOT GET ANY MAINTENANCE . THERE ARE OODLES OF CASES WIFE HAS GOT ZERO MAINTENANCE.
2. STRONG ARGUMENT ONLY
3. INHERENT POWER OF THE COURT TO SUMMON THE HR / MANAGER (AS THE CASE MAY BE) FOR VERIFICATION.
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Your wife will not be entitled if she is able to support herself and earns enough money. Both of you will need to submit an income affidavit to the court, wherein you must disclose your assets and liabilities as well as other information. It is illegal to give false information.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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