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DV victimmmm   12 September 2015 at 15:01

Salary details under rti of a non government employee

Dear experts,
I have already got divorce based on desertion and cruelty.Wife got maintenance from family court as 8 thousand per month for her and our minor daughter.My wife had filed a RTI with IT department to get my salary details. I work for a private company.I had denied to provide details that time. Now after 2 years she has filed RTI again and she got details this time. There is a judgment from CIC that such details should be given for government employees.Is this judgment applicable to private jobs to ?
She is working but it's a job in school and the school favors her and don't provide her salary details through RTI.
She is not ready for one time settlement as she wants to earn money for lifetime by filing RTI and getting enhanced maintenance.
Is there any way out of this? I fought DV ,crpc and divorce case. though it was proved that there was no cruelty to her,there is no relief from court cases at all. Please suggest a way to get out of this.Also let me know if there is way to stop IT department and its officials from providing information without checking facts

gopinadh   12 September 2015 at 13:22

mother in law filed dvc petition against daughter in law for

Sir mother in law filed dvc petition against daughter in law for maintenance whether the dvc act is applicable if so please furnish judgement

Usha N   12 September 2015 at 08:51

About two wives law

Sir, my husband has two wives. I'm his first wife. But ours is love marriage, I have one daughter of 11yr old now he is completely stopped staying with us and he is with his second wife completely. Can I fight for my right now, his second wife has one son of 10yr old, pls suggest me what step I can take now

Anonymous   12 September 2015 at 08:28

marriage

Sir i want to marry my father sisters daughter i know it is prohibited in hindu act but i think it is legal in christianity .sir plzz tell if this type of solution is available

gopinadh   11 September 2015 at 19:22

Mother filed dvc against her deceased son wife (sister in law) for maiintence and other reliefs

Sir, The old aged mother filed dvc petition before jcj court for maintenance and other reliefs against her sister in law after death of her son. so whether is it maintainable in eye of law under dvc act if so please clarify

Law Querier   11 September 2015 at 18:43

Permission of advocate to represent in family court

The petitioner executed and notarized power of attorney for divorce proceeding in India and then after the petitioner left to foreign country. The petitioner lives in foreign country.In one of the sentences of the power of attorney deed the petitioner states,” I have given power of attorney to my father to appoint, engage on my behalf pleaders, advocates and solicitors and to discharge or terminate such appointments”. Then the P.O.A. holder of the petitioner obtained the permission of the family court to engage/appoint the advocate, appointed/engaged an advocate, put the vakalatnama of the advocate and signed & filed the divorce petition u/s.13(1)(ia) of the Hindu Marriage Act in the family court of India.
Que 1: If the petitioner wants to represent by an advocate for family court proceedings, is it mandatory to obtain permission of the family court again though the POA holder obtained permission of the family court earlier to engage/appoint the advocate and for the reason that the power of attorney deed is executed only to engage/appoint the advocate and not to represent by the advocate?
Que 2: If yes in question 1, is it mandatory that the petitioner have to appear in person in family court of India and then obtain leave of the family court to represent by an advocate for family court proceedings?
Que 3: If yes in question 1, Can P.O.A. holder (behalf of the petitioner) obtains the permission of the family court to represent by an advocate for the family court proceedings?

AV   11 September 2015 at 18:00

Child custody

Dear Sir,

i need your help to resolve this issues, please read it and suggest.

Person got married in 2010, he blessed with baby boy in September 2011, in 2012 while his wife went for second pregnancy test he came to know that she has HIV, after few months, he understand that her father died with HIV and her mother also suffering HIV. he approach court of law, after multiple years, court confirmed that he is fine and it's not infected her through him, and kid don't have HIV luckly, through the confirmation of AIDS board, then they she and her family stopped attending court with false reasons and they keep postponing by showing medical reasons, years passing but no result, as per advocate suggestion, he paid full time alimony for Kid and her and took divorce and leave the kid with them, after few months, she come and return kid completely to him and gave letter saying that she is not able to care the kid, and by thinking his future she is fully agreed to left the kid with father, after that she made suicide drama for cancelation of divorce and wanted stay with him, which did not work then she keeps silent, it's been more than 6 months kid with him and kid slowely not showing interest to meet his mother, and happily going to school, recently she came and he allowed them to have one day with her, but she started asking for more days with her and asking to visit house and school and creating Hungama, then he denied and expressed he would not encourage such things. then she started asking the boy return, otherwise she would file the case, and she will not withdraw the case at court which she file before divorce and suppose to withdraw as per divorce agreement, which is pending from more than year, can you please suggest what he needs to here, please.

Member (Account Deleted)   11 September 2015 at 14:05

Cruelty by wife want juducial separation before divorce

I am a psu bank stuff, arranged married 2yrs ago, permanent address is in kolkata for both of us, presently living in mumbai for job purpose. My wife is an MA nd doing some private tuition nd working in play school aswell. After fewday of marriage she started fighting with out any relevant reason. Tried to console her initial days but day by day she is becoming more vulnerable. Speaks any foul language to me and about my parents althogh they live in kolkata. Now she getting physical to me even spited on my face few days before, always threats me she will go to police , come to office with false allegations like dowry phsical torture etc. Previously i told her mother regarding all these but she also put all the blame on me even threatening me in the same fashion using unuttarable language couple of time so i stop calling them also after any such fight. I lodged a GD at local police station after one of such recent incident with out her knowledge. I wanted to get separated and then file for divorce other wise she will surely try for 498. Previously she nd her mother always in for divorce but when i have agreed she denying the fact. I collected some of her apology in writing whatever she does and some hidden video of the some recreated incident like infront of someoneelse as we describing what has happened. How to have judcial seperation or any other advice to have safe guard for me and my family in kolkata, as me and my dad both are govt servant.

Anonymous   11 September 2015 at 13:34

Cruelty by wife

I am a psu bank stuff, arranged married 2yrs ago, permanent address is in kolkata for both of us, presently living in mumbai for job purpose. My wife is an MA nd doing some private tuition nd working in play school aswell. After fewday of marriage she started fighting with out any relevant reason. Tried to console her initial days but day by day she is becoming more vulnerable. Speaks any foul language to me and about my parents althogh they live in kolkata. Now she getting physical to me even spited on my face few days before, always threats me she will go to police , come to office with false allegations like dowry phsical torture etc. Previously i told her mother regarding all these but she also put all the blame on me even threatening me in the same fashion using unuttarable language couple of time so i stop calling them also after any such fight.

I lodged a GD at local police station after one of such recent incident with out her knowledge. I wanted to get separated and then file for divorce other wise she will surely try for 498. Previously she nd her mother always in for divorce but when i have agreed she denying the fact.

I collected some of her apology in writing whatever she does and some hidden video of the some recreated incident like infront of someoneelse as we describing what has happened.

How to have judcial seperation or any other advice to have safe guard for me and my family in kolkata, as me and my dad both are govt servant.

sandeep   11 September 2015 at 10:14

Sect 13a and 13b


My marriage get in 2000 and the marriage was never consummated.. i have been living at my parental home place since then...the person i got married with was a big layer.. she commit me every time to stay with me but without any rhyme or reason..still not come back and put a divorce case 2 time 1st was close in mediation center after re-consol of marriage and again before one year she filed the fresh petition for divorce and not open perverse close case file.
the summons sent 4 times at my house till feb 2015 but not reached at my place and shows in court home was looked. since then 4 dates have been given by the court and for the date in feb 2015 last order was issued for affixing the summon but was also not affixed at my home and sent return to court for hearing in current date Aug 2015.
Which is clearly showing that other party take benefit of ex-party. after showing neither the respondent or their advocate came for reply nor he himself.. now even one 2 year of filling the case.

is there any provision by which i can get an save ex party divorce? n if the last date is already over without my presence and order was issued for ex –party.
Can I turn up in court for on the next date of herring Feb 2016 and allow me to submit my reply before the court.

Can make ground of our reply why old case was not re-open and fresh petition was filed.
Can we make ground why she was not stay backed with me at my home after re-consoling order.
Can court will reject her all demands for mantance and share in property and issue order in my favor for divorce as the marriage was not consummated due to the her refusal to stay with me that IS a valid ground for annulment of marriage under the SMA,1954.

As far now when divorce proceedings are going on, Can I need to insist that matter be taken up on priority basis as I need to finish the marriage asap as it is absolutely dead marriage for all purposes .And can I need to insist for early hearing and getting the matter expedited on immediate basis. Please reply..thank u