Bigamy Bigamy

2 years ago

Dear respected sir/madam I am fighting multiple cases and paying maintenance to my wife for last 4 to 5 years. I got to know she is been married for last 3 years and having child from new marrige though our divorce is pending. In my personal capacity i got to know her new bank account no in axis bank where she uses her new surname. My question is how to get the document from the bank about her application form and kyc papers submitted into the bank. Does RTI applied in private banks? If not what else I can do where axis bank can't deny me to give the documents.what are the relevant judgement if any

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Your advocate must apply to the same court under section 151 of CPC or relevant provision to issue a direction to such private bankers to produce account details of your wife. You will get divorce with out alimony and also claim maintenance paid to her and also you can file criminal case against her.
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Anik

Responded 2 years ago

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A.Hi,
You can approach the court and seek the relief from paying the maintenance amount to the wife, as she is already married, and maintenance u/s 125 CrPC is only applicable until the wife remains unmarried. The Bank cannot disclose the info regarding its customer through RTI. You should consult with your advocate as to how to proceed further.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Section 125 maintenance is only allowed till the time wife remains unmarried, you can take this defense in the court, and stop paying her maintenance amount as she is already married again. Under RTI such information about the customer cannot be disclosed. You should ask your advocate for assistance.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Right to information act ke antargat kisi ki niji jankari nhi di ja sakti hai.
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Chakrapani Madupu

Responded 2 years ago

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A.you can ask your advocate presently dealing you cases to help you obtain the docs
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Abhimanyu Shandilya

Responded 2 years ago

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A.See the Section 125 of CrPC is very clear that maintenance is allowed to a wife or divorced wife until she remains unmarried or chaste (does not commit adultery, Subsection 4). Here in your case it seems she has already married so, you can hire a detective agency to collect evidence and submit that in the court of law get the maintenance stopped forever.
I would suggest one more step that you can take. You can also move an application to the magistrate to recover the maintenance paid to her from the date she got married with interest.
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Tanmoy Chattopadhyay

Responded 2 years ago

A.Bank papers are not the only proof of marriage so try to find out other proofs of her being illegally re-married if the divorce between you two hasn't been decreed. You can take the plea before the court that her bank account KYC may be served upon the court by the bank and if the court directs then the bank will produce those details. RTI is not applicable in private banks ordinarily and personal information is as such not available under RTI without the consent of the concerned individual.
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