Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SidChiBharg (Software)     15 July 2013

How do i prove officially where my wife is working?

Hi Friends,

My wife lied that she is not working anywhere in her maintenance petitions u/s 125 crpc and 24 HMA. I found out where she was working and filed a petition u/s 127(1) for cancellation / modification of her maintenance. Now immediately after a couple of months after my filing the petiton u/s 127(1) in Family Court my wife left her current job (where she was working since 2 years) and is now showcasing to the whole world that she is not working and hence requires maintenance. Previously I was able to figure out her working place somehow by filing an RTI with the P.F. department through which I got to her establishment where she was working. She was summoned in First Appeal by the R.P.F.O. and hence she knows that I had got to know of her place of work though the P.F. route.

Now I have got to know of the school where she is teaching somehow but again her name is not appearing in the list of teachers whose P.F. is being deducted in the Provident Fund website. What can be the reasons under which circumstance her P.F. is not being deducted by the school ? and what can I do to get her details from the school officially ? How do I frame my RTI so that I can get her details officially?

She is employing all kind of tricks in order not to get detected. What can be done to beat her in her own game?

Thanks and Regards,
Sid.

 



Learning

 12 Replies


(Guest)

Pray for call of records.


The school where she is working will be summoned and they will have to provide such records, thats No. 1.


If they are not decucting anything out of salary or not showing anything in attendance records, give a written complaint to DIET, and BEO office.


Once they recieve complaint they will look into it and cancel such licence for not keeping such records of the same.


Meanwhile approach via RTI ask what has happnd to the complaint that you gave to DIET and BEO office, once you get records of the same, provide to the court.


Most importantly, ask for appointment of Court Commmisioner, whose report even SC cannot overlook, who will not only help you get details about her employment and also details as to her immovable assets too.

fighting back (exec)     16 July 2013

Hi siddhartha,

i just read that you found where your wife was working through an RTI to the PF office.

doe they provide details of third party (wife) just by asking for the details by giving the name ?

in what words did you ask for the details from the PF office, so that they responded to you by providing her PF details?

even i am in the same situation as you, i dont know where she is working right now, hence i am fighting the 125 case blindfolded, your idea of getting details from the PF office is good, jjust want to know how specifically you asked for the details.

 

tahnsk and awaiting your reply

fighting back (exec)     16 July 2013

@siddhathe. the reason why her name is not figurring in the pf list could be that she might not be a permanent employee or a contract employee. she might just be a trainee employee, who will be made permanent infuture

SidChiBharg (Software)     16 July 2013

Originally posted by : Helping Hand !

Pray for call of records.




The school where she is working will be summoned and they will have to provide such records, thats No. 1.




If they are not decucting anything out of salary or not showing anything in attendance records, give a written complaint to DIET, and BEO office.




Once they recieve complaint they will look into it and cancel such licence for not keeping such records of the same.




Meanwhile approach via RTI ask what has happnd to the complaint that you gave to DIET and BEO office, once you get records of the same, provide to the court.




Most importantly, ask for appointment of Court Commmisioner, whose report even SC cannot overlook, who will not only help you get details about her employment and also details as to her immovable assets too.

Sure, I would pray for calling of records from the school u/s 91 crpc. But that would be my last resort because I don't want to her to know that I know where she is working as I want to catch her red handed. I did the same thing (calling of her records from school) once before as well. She then left that school and joined another school. 

Pardon me my ignorance but what is DIET and BEO where you are asking me to complain ? 

What is the process of appointing the court commissioner and how do I ask him/her to get the details about her employment and also details about her immovable assets too. I am appreaing as party in person in Family Court and don't know about the procedures as such. Please do let me know under which act or section do I have to make an application to the Hon'ble Family Court to appoint an Court Commissioner.

SidChiBharg (Software)     16 July 2013

Originally posted by : silver sword

Hi siddhartha,

i just read that you found where your wife was working through an RTI to the PF office.

doe they provide details of third party (wife) just by asking for the details by giving the name ?

in what words did you ask for the details from the PF office, so that they responded to you by providing her PF details?

even i am in the same situation as you, i dont know where she is working right now, hence i am fighting the 125 case blindfolded, your idea of getting details from the PF office is good, jjust want to know how specifically you asked for the details.

 

tahnsk and awaiting your reply

They won't provide you the entire details although they might provide with some. I didn't get her PF details I only got some of the information. Although it also depends on your luck. They might refuse citing some decisions and would give any reasons if they do not want to give the information anyhow. 

SidChiBharg (Software)     16 July 2013

Originally posted by : silver sword

@siddhathe. the reason why her name is not figurring in the pf list could be that she might not be a permanent employee or a contract employee. she might just be a trainee employee, who will be made permanent infuture

Yeah I do understand that. So how do I frame my RTI in such a way that the school is forced to give me her name and other details. How do I tackle this situaton ? I want to beat her in her own game. How do I do that ? 

1 Like

fighting back (exec)     16 July 2013

if the school is govt registered, or govt aided only then they will provide you with the details.

you hve to draft your RTI just like a question and answer sheet, ( no ' why' and reasoning is allowed, as such questions are automatically struck down)

for eg: in your case:

ask for the school attendance register of all teachers ( permanent and temporary from so and so date to so and so date) the name of you wife will automatically come into that.

ask for list of appointed teachers (names included) who have been appointed from -------date onward


(Guest)
Originally posted by : Siddhartha





Sure, I would pray for calling of records from the school u/s 91 crpc.

 

You have done so much work yourself, which is good, but just mentioning of your wife's school/college name in objections and one memo asking for call of records would have solved your problems.  

Even if the school is not given her job on permanent basis, they should be maintaining some record for temporary employees, which they will have to submit to the court, the schools' HM or clerk would come to the court or would reply to such call of records via RPAD.


But that would be my last resort because I don't want to her to know that I know where she is working as I want to catch her red handed. I did the same thing (calling of her records from school) once before as well. She then left that school and joined another school. 

Even if she joins another school or not, an equally educated and well qualified wife will not get alimony/maintenance.  Check the citation below which I have attached.

Pardon me my ignorance but what is DIET and BEO where you are asking me to complain ? 

If the school fails to comply withsuch call of records order from court, which they cannot, and if you want to equally trouble your wife the way she is troubling you, then approach DIET [ District Institute of Education and Training] and BEO [block educational officer]


What is the process of appointing the court commissioner and how do I ask him/her to get the details about her employment and also details about her immovable assets too. I am appreaing as party in person in Family Court and don't know about the procedures as such.

Please do let me know under which act or section do I have to make an application to the Hon'ble Family Court to appoint an Court Commissioner.

Explaining your inability to get information regarding your wife's working place/income/immovable assests as she has not come with clean hands, a memo with an application is enough to ask the Family Court judge for appointment of CC.

CC is not a deputy commisioner, he would be the amin of the court, who on directions by the judge will go personally with a hand order to such place of working and collect details as to your wife's employment and her said income. get a letter from that institution sealed and signed by HM or principal or chairman etc.


Attached File : 543442878 in the high court of delhi at new delhi dhingara no maintenance of qualified and earning wife.doc downloaded: 185 times

(Guest)

Another simplest way is post one envelope [blank one, old marriage invitation, some marriage invitation etc etc] RPAD [registered post acknowledgement due] they will get send signed and stamped acknowledgement back to you, produce same in court, simple.  She gets caught red-handed.

Reformist !!! (Other)     19 August 2013

u can even ask for teachers attendance via RTI and thats how u can show her name in court.

Sudhir Kumar, Advocate (Advocate)     22 August 2013

If she is tolerating theft of PF by school then that doe snot mean she is not working.  Use RTI get the recores submitted by the school to the DEO.

get the school  record summoned in court.

stand guard near school  at opening hours.

Arunkumar   16 September 2017

"No maintenance for well qualified wife who is sitting idle."can anyone help me by sending the sitations regarding to my mail I'd- arunkumarg28@gmail.com .thanks.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register