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Xdude Cool (Service)     06 October 2014

Right to infomation

Hello all respected lawyers

My family and myself resided abroad as my job is here.  Few months ago, my wife filed a complaint in Indian embassy here against me and my family members (my father and brother) who also stays with us here.  In the complaint she mentioned that she wants to go back to India and that she does not want to renew the resident visa.  Hence, she denied to hand over the passport to my company for the renewal purpose.  Now its been 3 months she has gone to India and she is continuously telling me that My family members and myself forced her to go to india leaving our 6 yrs old son here with me.

Having said the above, I approached indian embassy to obtain a copy of the complaint made by my wife.  They denied to give me a copy despite my multiple written requests following by the meetings with first secretary of the embassy.

Could you please advise me that may I force the embassy under Right to Information Act to give me the copy as it would be immensly helpful to me for my defense?

 

Any help will be much and greatly appreciated.

Thank you very much.



Learning

 5 Replies

SRISHAILA.DHARANI (Advocate&consultant)     07 October 2014

Normally, the information will be given in respect of of public documents ,under RTI ACT. But in your case , it pertains to personal matter,any way , you are the person against whom she had filed complaint, you can apply in writing , seeking the copy of the complaint, if they refuse, approach the  highier authorities.

Xdude Cool (Service)     07 October 2014

Respected sir and madam As mentioned in my original questioned post, I have already submitted my written request in person to the Indian embassy however they refused to give me a copy of the complaint. Further I met with the first secretary and they also told that they can't do anything in this as its family matter which is not under their purview. Hence, please could you guide me who are the higher authorities than an embassy when we are on the foreign land? I cannot come to India currently as I am afraid that she might arrange with police to arrest me on arrival. Many thanks for your valuable replies.

T. Kalaiselvan, Advocate (Advocate)     12 October 2014

You have not given the details while posting your query. However, with the given details, in my opinion, you may take an appointment with the Ambassador itself or endorse a copy of your petition seeking her complaint to the MEA in India.  Please let us know that if the Indian embassy is contemplating any action against you on the basis of her complaint against you?

Sudhir Kumar, Advocate (Advocate)     17 October 2014

Originally posted by : Raj123
I don't understand is why embassy took her complaint..
Only us can take her complaint in USA.
Not Indian embassy

Criminal liability to Indian courts is enforceable on Indian National for any offence done abroad.  So embassy action is correct.  They have to accept the complaint and act on the same only if it is true.

Sudhir Kumar, Advocate (Advocate)     17 October 2014

Use RTI. 


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