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karan singh (none)     13 October 2011

Can rti be used to know the residential state of opposite pa


The opposite party has been missleading the court on his status of employment.How can we know his employment status,date since when he has been working and annual income?


The opposite lawyer claims that he pays 60% of his income towards educational loan..can this be a ground for not granting interim relief?


 8 Replies

Rupam Ghosh (In practice)     13 October 2011

Make an ad-interim application to the court showing your case how he has been evading to disclose his income and financial status which however is important to decide upon the quantum of compensation to be awarded to you. So he should be ordered to submit his salary slip/income tax return file/TDS or any other proof and if nothing then an affidavit, showing his gross annual income, so if the court pleases it may pass order in your favour.

1 Like

karan singh (none)     13 October 2011

Thanks Rupam,Can you please put some more light on what ad-interim application is?

Rupam Ghosh (In practice)     13 October 2011

You say that the opposite party has been missleading the court on his status of employment. Now certainly you are talking about some petition pending in Family Court or some Court. Definitely then there would be an application for immediate relief/interim relief viz for the compensation, now pending this petition and interim application if you want to make another small application praying some important relief viz asking for the disclosure of the income of the opposite party then that would be an ad-interim application. Its a mode to remember the applications we make to the court.

1 Like

karan singh (none)     13 October 2011

Thanks Rupam for the helpful information you provided.

karan singh (none)     13 October 2011

Rupam also can you please suggest that what can be done to probe the lower court sub judge as I feel he has been deliberately delaying things since one year?

Rupam Ghosh (In practice)     14 October 2011

Hi Jahangir, why dont you make an application to expedite your matter. If you dont find any answer yet that evaluate the facts that do you have sufficient grounds to put it on paper that Sub-Judge is knowingly and deliberately favoring a party, if so then you have ground to make the transfer of your petition from that Court to another Court. 

1 Like

karan singh (none)     14 October 2011

Hi Rupam,where can this application to expedite be put ,to the same judge?

karan singh (none)     14 October 2011

we have been facing lots of problm with this judge for eg.

1>on the petition of interim relief the opposite lawyer initially denied the employment status of the boy,now he claims that since the boy has to pay 60% of his sal to loan he cannot be imposed with interim cost,The judge instead of asking the opposite party to produce the boy's salary slip and expenditure details or IT returns is asking the girl side to provide proof that the boy is capable of  paying the cost and what ever he is claiming is false.Now this is risky and not possible for a girl to find out easily without court's help.

2>previously one of the girl's important witness was sent back 11 times by the opposite lawyer and the judge didn't seem to react to this deliberate delay by the opposite lawyer.

there are many more similar incidents.

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