Quash
5 years ago
Hi, I got married in Dec 2009 and i have son born on Aug 2010 and we have setup family in chennai in jan 2011. Till we have setup family she stayed in her parents home only. After setting up family in chennai she never lived with me one single month continuously. She left the home on Sep 2011 without informing me by calling up her father. There after she never turned up even after putting so much of efforts to bring her back to family fold. Her father told that she will commit suicide if you insist and they demanded a lump sum to pay. I have sent the legal notice to come and join the family, she replied that she doesnt have any interest and she will put and end to her life if you insist. Then i am left with no option apart from applying divorce. She never attended the court hearing and some time later she also applied for divorce and the decree of divorce order has been given on Dec 2012. In Nov 2013 she filed DVC in local court and which is pending in Hyderabad high court. In Dec 2014 i got married. In October 2016 she filed for maintenance. Before we file the counter she filed again for interim maintenance which is granted by the judge in the local court in 2017. Actually i have no income from march 2017 on wards, but i paying by borrowing and some times by pledging the gold. She got bank balances and properties on her name. Now i want to file for quash in hyderabad high court for which i want to get her property and bank balance details. I want write to RTI based on recent judgement given by CIC on 24.06.2017(CIC/EPFOG/2017/195272). Kindly suggest me (1) How to apply for RTI and which department and public authority i should select in rti application? (2) Whether i will get the details from the RTI ? (3) Whether the proceedings will be quashed if i can produce the her property details. Based on the suggestion i may have to engage a lawyer. Thank you
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Ajit Kumar Sinha
Responded 5 years ago
This is a complicated case, best solution for you would be to get an touch with an experienced Advocate through Vidhikarya.com who can do the job for you.
Shanti Ranjan Behera,
Advocate
ARPIT BATRA
Responded 5 years ago
You may file application under Section 91 of Cr.P.C in the same Court and get required documents from the concerned officers. The proforma is as follows:
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Section 91 in The Code Of Criminal Procedure, 1973
91. Summons to produce document or other thing.
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Deepak Yashwantrao Bade
Responded 5 years ago
Shivakumar Challa
Replied 5 years ago
Thank you Very much Deepak Sir,
She is not working. But she has done her MBA and she got bank balances and properties(Plots and Building) on her name. Please guide me how to get the bank and property details through RTI act.
Thank you.
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