Anil Kumar (IT Professional) 09 October 2014

Rti

Welcome all LC Members

My question to all of LC Members who are Ld. Advocates and Legal Experts in the matter of RTI. First I have to share some facts, that is:

I am facing (False) Domestic Violence Case at Allahabad Court (the case is under trial) files by my wife and further she has filed FIR U/s IPC 498A/506/504 and ¾ DP Act (investigation is pending).

My questions are as follows:

1. Can I file RTI to know about my mother-in-law employeement details i.e. Designation, Salary, her financially transaction at her office etc.

(First, She is widow and appointed on compensation ground as my FIL was a Govt. Employee. She is posted under fourth class employee)

Second, as per the petition the expenses of marriage (including streedhan, cash, gifts etc) has been shown approx 10 Lacs but the calculation are different and contradictory i.e figure goes to above 20 Lacs.

2. Can I file RTI to Police Deptt. to know about the Individual Employee Details of Women Cell Official. i.e. Designation, Deptt., Phone No. etc.

My wife file the false cases and she has signed the Affidavit in court which is totally false, fraud and concealment of facts from court.

1. What counter cases I will file against her?

2. The case are under trial, it is possible to file counter case right now or wait till the judgment?

3. How can I obtain me and my family member’s mobile phone call detail records to prove the falsity of incidents under Domestic Violence as the main allegations are based on mobile communications?

4. Can a police file FIR U/s 498A at the area where my wife is presently reside. Hence as per FIR the cause of action as arise in Delhi. But still they file FIR and investigate on us.

These are the few questions, hope the members of LC will help me to provide the solutions.

Thanks in Advance.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 10 October 2014

@ Author,

For your first set of two question;

1. Yes you can format a RTI Application based on larger public interest and shoot to respective PIO and seek information. There are number of hiccups that you will experience for which you can come back and do some self study of TEP and how to format RTI Application which sounds and feels it is asked in larger public interest fashion.

2. Employee information one can get but again it depends what generic information you are seeking or are you seeking their personal information and again it depends how you are framing your questions. But more or less basic employee information can be sought.

For your second set of four question;

1. Depends what factual allegations you have special knowledge of. The pointer here shall take you to read at least 500 messages in family law / criminal law forum relating to ‘counter cases’ to understand more than basics and then act accordingly.

2. Counter cases are not barred by stage of trial of respective cases.

3. Seek it allowed from Court to produce witness from respective mobile companies with data’s of respective mobile handset from such and such period without which off the record CDR are not admissible evidence.

4. General thumb rule is where incidence happened, but one has to read fine print (FIR) if she mentions some incidence happened or even remotely you – family members have anything to do with that place from where current FIR filed then she has a case in hand to go to trial. So study the fine print under the FIR and discuss with a hired local advocate found via reference as such hypothetical question needs just the answer that is preceding this sentence and not more is my view. Reasons being we donot know full content of FIR r/w where FIR is filed amongst others.

[Last reply]

Anil Kumar (IT Professional) 11 October 2014

Thanks Tajobsindia

First, I appreciate your reply (not answer) that is knowledgeable but still not getting the proper solution.

I request you that if any ready format for RTI is available for Employeement History plz forward me.

For your first set of two question;

Can provide me the exact RTI format how to get the information about a Govt. Employee specially who will involve in Dowry Given & Taken matter.

For your second set of four question;

False Affidavit

2. Counter cases are not barred by stage of trial of respective cases.

Yes, I know before strongly prove the falsity of case we will not move for counter case.

4. General thumb rule is where incidence happened, but one has to read fine print (FIR) if she mentions some incidence happened or even remotely you – family members have anything to do with that place from where current FIR filed then she has a case in hand to go to trial. So study the fine print under the FIR and discuss with a hired local advocate found via reference as such hypothetical question needs just the answer that is preceding this sentence and not more is my view. Reasons being we do not know full content of FIR r/w where FIR is filed amongst others.

I have the full content of FIR and after reading so many times, I have come to the conclusion that first, as per her allegations the cause of action has been arise in Delhi at her matrimonial home and secondly she was got high BP problem and chest pain at her maternal home at Allahabad after 5 month of leaving her matrimonial home and she was immediately admitted in hospital for two days in ICU and later on immediately she was discharge and take medicine for the few months. Hence the incident was due to some other reason but she mainly highlight this incident in her petition as well as in FIR make her solid ground of cruelty on her by me. Hence we strongly denied with the sufficient/ample proofs to prove the falsity and the illogical filing of FIR to pressurize me and my family.

Point:

1. If I have done cruelty on her right from the beginning at the time of marriage why she has not file any FIR at her matrimonial place at that time as she was free to go anywhere.

2. Why she has filed the FIR after the 3 Yrs. as the both above mention incidents was 3 yrs. old and illogical, false and intentionally manipulated.