Vishal Indurkhya
18 September 2010 at 16:34
Dear Sir,
In continuation to below mail, after outrightly denial of my original RTI application, as per suggestion(s) received from the honorable fraternity members, I submitted a re-request application by citing rules & thereby requesting the same PIO to kindly furnish the desired information.
To my surprise the re-request application was also rejected by PIO by citing the full bench judgment of Central Information Commission in case of Milap Choraria Vs. CBDT Appeal No. CIC/AT/A/2008/00628 dtd 15-06-2009. ( Link - http://rti.india.gov.in/cic_decisions/LS-15062009-02.pdf / http://indiankanoon.org/doc/1648681 ). For your kind review a copy of judgment is also attached herewith.
Now, I am in dilemma as how to take it forward. Should I go in for First Appeal against this ? Would it help me to get the desired outcome in anyway ?
Sir, I would also like to kindly request you to please help me in this pursuit & enlighten me if this C.I.C. decision has been overruled / quashed / challenged in any court of law, any positive outcome / interim stay till matter is sub-judice / any other relief which you are aware of that anyone have got on this matter ?
A timely help from your end would be highly appreciated.
My details are given below. Pl. feel free to call / let me know if I could be of any help anytime from my end.
Awaiting your guidance to proceed further,
Vishal Indurkhya
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com
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----- Original Message -----
From: Vishal Indurkhya
To: Lawyers Club India
Sent: Wednesday, July 28, 2010 11:04 AM
Subject: Income Tax Return of Wife
Dear Sir,
Case Brief - My wife is working pleasantly for last 5 yrs. She filed Maintenance u/s 24 HMA (along with her Divorce petition on ground of cruelty) & claimed Rs. 30,000/- per month as maintenance "Pendente Lite" for her. I denied that since I am a full time LL.B. student & fully dependent on my father thus don't earn a single rupee. Further, I also stated that she is capable of earning & have regular income by producing one "Unofficial" ITR of 2008, which states her income in tune of Rs. 3 Lakh per annum. Wife on oath said that she doesn't work. Family court judge denied to appreciate the ITR because it is "Unofficial" and shockingly ordered me to pay Rs. 1,000/- per month to her.
Now to substantiate my claims (so this matter becomes Perjury + Fraud as well) I need the "Official" ITR copies ASAP. The RTI application filed with larger public interest for the above got declined yesterday. Before proceeding ahead with the First Appeal I want to know that -
Is it possible to obtain the Income Tax Return filed by wife during last 5 yrs period through RTI or any other means ? Any success stories of fraternity members within this group ?
My RTI application has been declined by the CPIO stating that the Income Tax Office contacted my wife to know if these information(s) can be provided to me. My wife replied in writing & objected that the information pertaining to her Income Tax Return etc. should not be provided to me.
Kindly suggest how should I move ahead.
Also let me know if there are any favouring precedence in terms of Judgments / Court Orders / Central Information Commission Decisions, wherein it was held that Income Tax Return of Wife can be provided to Husband.
My details are given below. Pl. feel free to call / let me know if I could be of any help anytime from my end.
Awaiting your guidance to proceed further,
Vishal Indurkhya
C/o Dr. Raja's Diagnostics
1104, Andherdeo
Jabalpur - 482 002
Madhya Pradesh, INDIA
Phone - 0761 - 2652487
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com
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dipankar
18 September 2010 at 15:22
There is only one district family judge and he is on leave for the last two months due to medical reasons.How can I lodge a family case.Can I go to the high court of the state and lodge the family case or I have to keep waiting for him.
Anonymous
18 September 2010 at 15:19
Facing a petition of dissolution of marriage from deserting spouse. The petition is based upon cruelity and desertion which is not true as the petitioner is not faithful. The respondent want to give divorce. How to respond in court ? Lawyer is there but support is needed if there is something beneficial.
Anonymous
18 September 2010 at 15:12
Is there any law against the petitioner spouse if he/she is using phone number of the person with whom he / she is having affair. Will there be any releif for respondent spouse based upon this fact ? The petitioner spouse has filed a case for dissolution of marriage on cruelity and desertion base.
Anonymous
18 September 2010 at 14:56
I'm facing the same false case 498A and my wife filed crpc 125 case for maintenance(she wants 20000 INR )per month and court send a notice at my hometown address. My father signed notice first time and take it .But court send notice several time at my hometown address after the first notice signed by my father .I'm living in Delhi even my wife and her family well known my Delhi home address and office address too bcoz they given my address to my hometown police for 498A case and police visited my office and home both the address for catching me in 498A case. Now court give a single sides decision (my wife’s favor) where they give 30 Oct is date for verdict. what should I do bcoz some lawyer said that when u server the notice then you need to appear in crpc 125 case if not then no need to appear.
Please suggest me what should i do for this
Anonymous
18 September 2010 at 14:31
the girl is of 21yrs and her caste is BORI and the boy is of 24 yrs and he is a Muslim.
the girl wants to convert her caste and become Muslim and than only get married by the help of MAULANA.
they both reside in Mumbai and the jurisdiction is Bandra Court.
Kindly let me know the procedure and also give refernces of an advocate who will help us and should be economical.
Thanking you in anticipation.
janaki
18 September 2010 at 13:01
respected sirs,
can i get more informations on exparte-divorce, what is meant by exparte-certificate or evidence?how can i furnish it if necessary?then how much time it will take the court to grant the divorce decree?
dipankar
18 September 2010 at 12:05
Dear Khaleel sir she is 23 years of age and sir what do you mean by competent witness.
Dear experts my wife is denying marriage due to pressure from her parents.Now I have a single marriage photo with negative of the photo with vermillion(sindur) on her forehead,2 witness of marriage.I have no other proof.Shall I be able to prove my marriage in court.Moreover she is also denying of any physical relationship with me.To prove that point I have a hotel bill+I know some marks like mole on her body which her parents or husband could know.My question is whether I will be able to prove my marriage with these proofs.?Next question is that what counter case she or her parents can lodge against me .
dipankar
18 September 2010 at 11:42
Dear experts my wife is denying marriage due to pressure from her parents.Now I have a single marriage photo with negative of the photo with vermillion(sindur) on her forehead,2 witness of marriage.I have no other proof.Shall I be able to prove my marriage in court.Moreover she is also denying of any physical relationship with me.To prove that point I have a hotel bill+I know some marks like mole on her body which her parents or husband could know.My question is whether I will be able to prove my marriage with these proofs.?Next question is that what counter case she or her parents can lodge against me .
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misuse of 498A
Sir,my wief & my in-lows mentally torcher upon me & my family last 6 months, due to this i have fall at my work place & my doctor say it a matter of "conversation rection." now i have got a baby on 6Sep10, after that they again doing the torcher on me & my family & saying to file a case of dowary. i am alone here & doing my job in a private company, & my brother live with his family in other city.It 1.5 year have complat to our marriage & she live only 1 one with me & 1 week with my other family member.
What should i do in this matter???