As told by a SIFF member in Bangalore meeting on 16 Aug 09 and renarrated by me as per my understanding. You may have to modify the steps etc in case you know about filing RTI but broadly this is the picture. The concerned person has got details successfully through Chennai EPFO for wife working in Salem company. The credit for the information is his.
Now the post:
Several times women in matrimonial disputes file for maintenance under CrPC 125, Sec 24 of HMA etc. In both these acts, the amount or decision about maintenance has to be taken after taking into consideration wife’s earnings/income and qualifications (in 24 HMA).
Now in case wife does not disclose her salary etc, it may still be possible to get information on her basic salary through indirect route of RTI on Employee provident fund organisation (EPFO). Some companies may maintain private trusts for employees, and it is not applicable for them. For those which keep with EPFO, the details can be got.
Here is the procedure.
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1. File RTI to regional office of EPFO to find provident fund details of wife. The details include credited amounts in each year of service, balance amount etc.
2. The details required are Name, date of birth, father’s name, company/establishment name. Date of birth is must since they may be unable to search based only on name.
3. In case they ask for reason or something, send copy of maintenance suit etc to them.
4. In case RTI is rejected, send appeal. Look in post called Official RTI resources about online link for filing appeal if feasible for your case.
5. Usually with appeal the RTI reply will come
Now PF amount credited per month is maximum 12% of basic salary. Most companies contribute full 12% as far as I know. So you can calculate basic salary, add other components as per your understanding of salary structures of similar companies, and present to court as her total salary.
Find details of RTI template here: http://epfdetails.blogspot.com/
The flip side is that the same RTI route can be used against you. Here are some suggestions:
1. Change your salary structure to reduce basic salary to minimum and increase other components.
2. If you work for company with private trust, then heave a sigh of relief. But make sure the private trust is functional, and they don’t plan to run away with your money 🙂