Legal Question in Family Law in India
Hi,
we are hindus and married as per hindu marriage act in inida.my husband desserted me and my 2 years old daughter. i have filed for maintainance for myself and my minor daughter in indian family court. my husband lives in USA on H1B visa.as my husband did not respond to family court summons. the family court asked me about proof of my husband income in USA. I do not have his salary details or pay slips.I know that he was working for a company-X/Employer-X in USA till 2008. but I do not know whether he is still working for the same employer or not . but company-X has been sponsering green card for my husband. my husband's green card which was filed by company-X is still under processing. if company-X provide my husband's past salary details (i.e , when he was with them) , then my problem will be sloved. in this case , how to get salary details from company-X which is in USA?
my lawyer told me, even if we request company-X, company-X may refuse our request stating that indian court has no jurisidiction to ask the salary details of my husband.
pls advise me how to get salary details from company-X.
tahnsk in advance.
3 Answers from Attorneys
You must have some documents to show at least approximate salary of your husband. You have to summon your husband and obtain the details of his salary.
in case the company has an office in india as well, you may get the details of his salary in india itself. if it is a US based company, providing the salary details is solely their discretion and indian courts cannot compel the employer in US to tender the salary slips.
You are entitled to demand necessary information from his employer as per US laws. You may also request the authorities to stop his green card processing on the basis of domestic violence suffered by you.
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