Rti
Evan
(Querist) 23 July 2012
This query is : Resolved
I am a victim of 498A/DV case.My wife under oath in DV case has submitted that her father(Retired)and Sister(does not have any known source of Income) spends around Rs.40000/per month on her maintenance and thus she is demanding that quantum of money from me.It was an open secret that all her legal expenses was being borne by her sister's husband (who is in Coal India Ltd.)and they live a life style much beyond their known source of legitimate income.Now I want to file an RTI with Coal India to know the Salary of her co brother in law(Jijaji),that he can afford to spend Rs.30000 per month approximately on her maintenance.(her father's pension is approx.Rs.15000 per month)..anybody can guide me on this please.
V R SHROFF
(Expert) 24 July 2012
Why will coal Ind entertain you??
Any way try it, no one can stop them too, except her co brother in law(Jijaji).
Why he will allow public to know his personal income?? Unless it is Reportable in Coal Ind Annual Report and audited Account.
ashutosh mishra
(Expert) 24 July 2012
First No RTI for that can be made by you.
Secondly you can not deny your wife maintenance on the ground of salary of her husbands sister.
PARDEEP KUMAR
(Expert) 24 July 2012
Evan,
Yes, you can file an application with all the authorities,including Coal India Ltd., to have a copy of pay slips of concerned, call for pay slips of 4-5 officers/officials of different nomenclatures including her 'Jijaji', file application in general terms, do not use, relationship, reasons etc., have PAN nos. of these people, go for an RTI with Income Tax Department to have copies of their returns, you can also seek pension payment status of your 'FIL' from bank concerned under RTI. However, at best, you can prove they have income but can't prove that they are spending it on your so far wife. However, if you obtain copy of bank statement of her Jija, father, trace entries of cheques given to her, her counsel, her expenses etc., then it would help. Not relevant for your case but for the knowledge of all, it is pertinent to add that under section 4(i)(d) of the RTI Act,2005 a aggrieved person can ask even for reasoning of administrative or quasi judicial decision of an authority.
PARDEEP KUMAR
(Expert) 24 July 2012
It would be better if you take help of an expert for drafting your application, so that same would become beneficial.
Evan
(Querist) 24 July 2012
Thank you very much Mr.Pradeep Kumar in particular and everybody else.for those who opined that one can not get those details under RTI,just for info,for general consumption,if not RTI,then u/s.91 of Cr.P.C. the Court can ask/order the Coal India Ltd and even the past employer of FIL to submit to the Court the salary/perks/Pension/Form 16 details,as the Wife submitted those facts under affidavit/oath in Court of Law and that is a matter of record now,more so as she has averred/admitted that they were paying her to that extent.
