Divorce case
4 years ago
I file a domestic violance and interim maintaince case against husband .i have a 3years old daughter.i am doing the job right now.bug i am on probationary period .my period is over in the month of may that means it is a temporary job.but my husband deemand salary sleep from me in court thats why my case is pending in the court.please tell me what should i do.it is necessary to give a salery sleep in the court.without salery sleep ghd hearing is nog completed? Please help me because i file a case in 2018
Harishankar Jangid Advocate
Responded 4 years ago
A.You can call me for complete assistance.
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Shreyash Mohta
Responded 4 years ago
A.Dear Client,
Maintenance cannot be granted to a person who is already working.
However, in your case, you are firstly on a probationary basis. I.e. (It is the discretion of the employer whether he wants to keep you on a permanent basis or not) this in itself is not cogent evidence to decide in favor of your husband.
Secondly, you have a daughter who is 3 yrs old and is (As I presume) staying with you. The financial incapacity from your end shall play a crucial role for the husband to pay maintenance to you (being the local guardian of the minor child) for the child to whom he owes moral responsibility.
More so, maintenance is a matter of right and there are many precedents whereby a working woman can also claim maintenance. The construction of the statute is based on discretion of the judges to implement. working can also mean a person who is earning Rs. 5000/- per month or Rs. 50,000/- per month. What the court shall look into consideration is whether such earning is sufficient for the well being or not.
When you are providing your salary slip please do provide your employment letter which states that you are on probation which shall in you favor mean that - "you can be unemployed after the month of may" and in that case the court take into consideration such a scenario which is reasonably foreseeable.
Thanks & Regards
Adv. Shreyash Mohta
Maintenance cannot be granted to a person who is already working.
However, in your case, you are firstly on a probationary basis. I.e. (It is the discretion of the employer whether he wants to keep you on a permanent basis or not) this in itself is not cogent evidence to decide in favor of your husband.
Secondly, you have a daughter who is 3 yrs old and is (As I presume) staying with you. The financial incapacity from your end shall play a crucial role for the husband to pay maintenance to you (being the local guardian of the minor child) for the child to whom he owes moral responsibility.
More so, maintenance is a matter of right and there are many precedents whereby a working woman can also claim maintenance. The construction of the statute is based on discretion of the judges to implement. working can also mean a person who is earning Rs. 5000/- per month or Rs. 50,000/- per month. What the court shall look into consideration is whether such earning is sufficient for the well being or not.
When you are providing your salary slip please do provide your employment letter which states that you are on probation which shall in you favor mean that - "you can be unemployed after the month of may" and in that case the court take into consideration such a scenario which is reasonably foreseeable.
Thanks & Regards
Adv. Shreyash Mohta
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A.Hello Client,
You are entitled to get maintenance while working, there are cases regarding that also but earning should be minimal and since in your case you are on probation and there is no certainty you have right to claim, also because you have a child so the husband is liable for maintenance.
So according to the circumstances no need to worry but submit the slip if only the court has asked for.
Thanks & Regards
You are entitled to get maintenance while working, there are cases regarding that also but earning should be minimal and since in your case you are on probation and there is no certainty you have right to claim, also because you have a child so the husband is liable for maintenance.
So according to the circumstances no need to worry but submit the slip if only the court has asked for.
Thanks & Regards
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A.Dear Madam,
You can file application under Section 91 CrPC or Section 151 of CPC to call for salary slip of your husband by providing address of the employer.
You can file application under Section 91 CrPC or Section 151 of CPC to call for salary slip of your husband by providing address of the employer.
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A.Hi client,
Generally the court does not give a maintenance to a wife ii she is able to maintain herself and is competent enough to earn her livelihood. In your case submit the play slip and ask your lawyer to specifically point out the details of your job and also ask to mention that you are soon going to be jobless. Also submit the documents related to it.
Thank you
Generally the court does not give a maintenance to a wife ii she is able to maintain herself and is competent enough to earn her livelihood. In your case submit the play slip and ask your lawyer to specifically point out the details of your job and also ask to mention that you are soon going to be jobless. Also submit the documents related to it.
Thank you
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BANDARU RAJYA LAKSHMI
Responded 4 years ago
A.Dear madam,
You have not mentioned that when u started working. At the time of filing DVC are u doing job or not? You may tell to court no salary slip will be provide to me in our job. Because it is a private job. You may ask interim maintenance to your daughter. If the court did not grant maintenance to you because of the reason that you are doing job court may grant maintenance to your daughter.
You have not mentioned that when u started working. At the time of filing DVC are u doing job or not? You may tell to court no salary slip will be provide to me in our job. Because it is a private job. You may ask interim maintenance to your daughter. If the court did not grant maintenance to you because of the reason that you are doing job court may grant maintenance to your daughter.
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Sanjay Kumar Jha
Responded 4 years ago
A.Dear client,
There are many citation of case when maintenance has been claimed when doing job , on the basis of not able to maintain even though doing job, means less earning and as equivalent to husband's living Std., Where wife earn less than husband or if with child, if any.
Hence , analyse as above , if so then no need to worry for giving salary slip even in probation period, when salary will be less than confirmation of probation.
Thanks
There are many citation of case when maintenance has been claimed when doing job , on the basis of not able to maintain even though doing job, means less earning and as equivalent to husband's living Std., Where wife earn less than husband or if with child, if any.
Hence , analyse as above , if so then no need to worry for giving salary slip even in probation period, when salary will be less than confirmation of probation.
Thanks
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Neha Roy Choudhury
Responded 4 years ago
A.Ma'am, the view of court while giving maintenance is that a working wife is not entitled for maintenance, here in ur matter u don't have a parmanent job u r on probationary capacity , it is not certain whether ur employer will extend the probationary period or convert it into regular one.
In this situation when u give ur salary slip then give it along with a copy of ur appointment letter and ask ur lawyer to point out that u r on probationary capacity.
In this situation when u give ur salary slip then give it along with a copy of ur appointment letter and ask ur lawyer to point out that u r on probationary capacity.
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