Comments on: A Question of Propriety: Divorce Case

By: Sunil Joseph

Sunil Joseph — Sat, 20 Oct 2012 08:45:53 +0000

Hi sir. nice blog.
you have shared useful information. keep up the good work! this blog is really interesting and gives good details.
Divorce lawyers Mumbai

By: Siddhesh Karnik

Siddhesh Karnik — Fri, 06 Apr 2012 07:43:38 +0000

No, I would be recommending NOT to share the salary details unless the court asks to do so.
By sharing, 1) you would breach the contract of confidentiality of data.. The employee is responsible of sharing his details to his family
2) The information would be shared basis 1 side of story (if shared with wife) The truth is yet to be verified. By truth, i mean the wife's allegations and her claim for alimony.
3) It is not organization's job to investigate private matters. SO the question of 2nd side of the story would make me extra cautious of getting into a legal tangle.

As far as consulting the employee and being transparent, I would not want to add fuel to fire (should that lead to more stress between the couple)

Final answer to the question - NO (this may seem as too defensive approach)

By: Nandini

Nandini — Wed, 04 Apr 2012 12:00:16 +0000

Hi Sir,

Very interesting case,

1.)Being an employee of an organization it is not advisable to share salary details of employees with others,

2.)If the court request the organizations/bank to provide the salary/bank statement details as a proof to the case, will the organization be bound to provide the details? If yes then the employee doesn't stand a chance of providing wrong salary details. Even if he does he will be proved wrong

3.)You might want to discuss the same with the employee and explain the implications of the case and advise that he does what is legally right.

By: Saptarshi

Saptarshi — Tue, 03 Apr 2012 05:48:27 +0000

"Separate the position from the interest" as you would say in Conflict Management classes... your interest to help the lady cannot come in conflict with your position to share exact salary details requested.
To discuss directly with the concerned employee and show him the path of righteousness, in today's age and time, is a risky appeal to his dormat goodness; it is risky eventually for the lady, it is ultimately going to be her legal battle.
The court most definitely would ask the organization to validate the salary details. so sharing salary details with the lady is not needed.
The aspect of dowry is tricky. It might not be part of your direct question Sir, but dowry issues and physical abuse can be grounds of seeking alimony also. But things get subjective and need to be substantially proven on such grounds. Cases get delayed and alimony is denied, even, or substantially reduced... so its imperative for the lady to also be very clear about how she would approach her case in the court of law! Husband's salary related alimony is hardly the difficult part.

By: Vivek Patwardhan

Vivek Patwardhan — Mon, 02 Apr 2012 09:10:56 +0000

Thanks Abhijit, I liked your mature response.
Vivek

By: Abhijit

Abhijit — Mon, 02 Apr 2012 06:03:26 +0000

Dear Sir,
It is indeed a dilemma. What I would have done is to share with the employee about this meeting with his wife and be transparent. I would also have impressed upon the employee the fact that it will be very easy for the court once the proceedings start to call for employees latest salary details from the employer.
Why to wait for the court's order. ?
Wisdom lies in sharing the details.In being transparent.
But I would not have shared the salary details without knowledge, consent of the employee.

By: Vivek Patwardhan

Vivek Patwardhan — Sun, 01 Apr 2012 11:07:33 +0000

Thanks Linta.
Keep in touch,
Vivek

By: Vivek Patwardhan

Vivek Patwardhan — Sun, 01 Apr 2012 11:05:11 +0000

Thanks Anant
Vivek

By: basYOONhiKUCHfarmaya

basYOONhiKUCHfarmaya — Sun, 01 Apr 2012 10:11:37 +0000

Sir, it is observed that the court like any other case, shall ask for salary details and thus organization is bound to share the same.Till then, u may suggest a range, and that is allowed because as on organization, you may be recruiting at the same level as well and this detail falls in public knowledge.

Regards.
Anant

By: Linta

Linta — Sun, 01 Apr 2012 09:59:16 +0000

Interesting case, sir.

If I were in a similar situation, I would definitely be tempted to give the details to the wife But I think it would be best to ask her to hire a lawyer and clarify the salary details in court. I'd also have a word with the employee to hear his side of the story and be fair to both parties.