Vishu vishu (dfa) 18 May 2010

RTI by accused for status of provate complaint

Hello,

My marriage was as registered one, held on September'08 in Pune.

My Wife has filled 498A on August 10th, 2009, stated myself and five other member of my family as alleged. While quashing FIR in High court, she requested for counseling in High court, in counseling, I came to know that she has filled RCR from Jalgaon, counseling fails in high court and next date is due in high court.

I visited Jalgaon and saw the RCR petition, I came to know that she tries to hide the fact by not mentioning 498A filled by her, secondly in her petition, she specified that I stay with her in jalgaon, along with her parents as husband-wife for two days.

Data of filling RCA was September 09, 2009

I also visited Maharashtra court site and from there I came to know that she has also filled one more complaint apart from 498A and RCA, which comes under section 504, 506.

Date of private complaint was 22nd September, 2009.

I have some evidence proving that 504, 506 to prove that complaint u/s 505,506 were filled with malafide intension.

The private complaint is still pending in court and since and no action has been taken yet. I want to act proactively against such complaint, as I am confident of being innocent person and have proof to show her intention of filling complaint.

Please let me know, if I have to wait or I should go for RTI asking what action has been taken. As I think that if I can expedite the matter and if that goes in my favor, it will help in fighting divorce to prove cruelty.

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4 Replies

Harshada Shukl Kulkarni (Advocate) 18 May 2010

By asking information under RTI, you will only get information as to the status of the particular case. However, it will not serve your purpose to expedite the matters. For that you will have to contest the matters as when called for. Better to engage an Advocate on your behalf who can guide you in proper manner.

Vishu vishu (dfa) 18 May 2010

Hello Harshada,

Thanks for your reply, by asking Information through RTI, usually pushes the government machinery to perform, other thing is thatTill receiving summons accused cant respond for the same.

I spoke to qutie a few advocate but they have diffferent opinion, They think that untill you get summon, you should not react, because it may entangle you.

I want my wife to answer for the allegation.

But if RTI works some action will be perform and I summon will be issued, then only I can proceed.

Vishwa (translator) 20 May 2010

I have often seen that lawyers are quite reluctant to invoke the RTI act because this is an encroachement on their own arbitrary method of functioning. Moreover, a large number of them are quite shady, often collude with opposing lawyers against their own clients.

This act hits them right where it hurts them most. You can apply for an information you require spending just Rs 10 as RTI stamp. But the lawyer will ask you for exorbitant fees (in general, the maximum you can afford to pay) for obtaining the same information via a court order.

In my honest opinion, the whole system stinks.

Best of luck

Vishwa.

A VICTIM OF MRS HITLER (JUSTICE SEEKER) 19 June 2010

Well said......Vishwa, ....I HAVE A SIMILAR EXPERIENCE TO SHARE for theh benefit of LCI members....

i paid Rs 1000 for getting a FIR copy while the lawyer paid Rs 10 thruogh the court...

I ALSO FILED RTI AND GOT A COURT ANSWER.....and this disloyal lawyer threatened me....HOW CAN U QUESTION THE JDUGE/COURT? he threatened...he said " ...aap tej hai.....aur hamara uthna baithna ...band karva denge aap!!"

later he took advantage...colluded with my opposite party lawyer....and made me miss four dates over two months.....and now an exparte proceeding is waitin for me? NOW I CAN DO NOTHING OR CAN I ???

PLS TELL