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Rahul   05 December 2021

Rti for wifes salary, can wife file police complaint for harassment?

RTI for wife's salary as well as regarding work leave queries, can wife file police complaint for harassment?

POINTS:-

(1) Hindu Wife has gone complete NUTS with filing "fabricated" stories in DV, 498A, CrPC-125.....etc.

(2) Hindu husband, has an accident, and since then is unemployed, but wife tell the court that husband earns 5 lacks / month and has a property of 25 Crores, and she wants maintenance of 1 lack each for herself and the child.

NOTE: In a tier-3 hometown of Miraj, majority people dont even earn 5 lacks per year !!!

QUESTIONS:-

(1) What to do regarding wife's lying in the court? It looks like wifes are given permission to lie, under oath, as well as in their WS. (strange)

(2) Wife is a Government employee, so can I file for RTI, for her income details? (So far husband/myself, and my side of the family are not worried, because most of the fabricated stories of harassment, she cant prove, AS IT NEVER HAPPENED, but I dont want, me filing for an RTI, to give her a reason to go to the court and show RTI as a proof, that we are harassing her at work place)

(3) IMPORTANT QUESTION: Even before filing for divorce by husband/myself, I knew that wife was not going to her GOVT. office, lot of times, but still her colleagues were putting her "presenty" in the system, so now for tons of harassment cases, and maintenance cases, she is spending all her day at the court house. So can I ask for her official leave record from her GOVT office? 

(NOTE: Because if she is at the court ALL DAY, then she cant be present at her work, as she cant be at two places at once .........right?)

IRONY: Not only she has resorted to lying at the court, but also she shouts/argues with the Judge himself, and Judges ignore that as well. No wonder, she got the divorce case transferred to her city, by getting a HC court order, in spite of husband being handicap. Is the system just ANTI-MALE in India? Can I pin my hopes on a FAIR judgement? 

 

 

 



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 December 2021

Send a formal legal letter - your lawyer can do this for you - asking for the salary statement as it is needed for a court case. If they refuse get a court order for this evidence. If there are children then you will probably need to pay maintenance anyway.

In a significant order, the Central Information Commission has said that a Husband is not entitled to seek information regarding bank details & income tax returns of his wife under the Right to Information Act, 2005

G.L.N. Prasad (Retired employee.)     05 December 2021

There are several online forums that exclusively guide husbands in these issues, and the services are voluntary and response is immediate.  Please raise the issue with them and they offer exclusive expert advice in the matters.

Archana Pandey   19 January 2022

  1. RTI act does not give permission to access personal details of spouse's salary information who is public servant. Even to her husband also, well in a leading case, it has been observed that husband's plea was rejected since authorities mentioned that couple was involved in legal dispute such as marital disputes and cruelty charges etc. Authorities stated that personal information will be disclosed only if larger piublic interest lies there.
  2. Regarding false allegations or lying you may take such steps i.e. Filing a case under Section 167 IPC, 1860 in which public servant make false documents to cause injury or harm, if you beleive that public servants are helping your wife in lying or framing incorrect documents.
  3. You can also file a case under Section 191, IPC, 1860 giving false evidence - where in you know that your wife is presenting false evidence in Court or in Police Station, consequences of this whole case and charges are false.

G.L.N. Prasad (Retired employee.)     19 January 2022

With due regards to the experts, seeking information under RTI  is a fundamental right.

The statutory obligation is on public authority either to provide such exemptions stated in Act with justification for applying such sub section in 8 (1)

In the entire RTI act I have never come across such restrictions on a fundamental right.

Any actions on RTI is subject to such clauses stated in RTI Act.

There is no such clause in RTI that states words like abuse, misuse, or harassment.

RTI acts to protect all stakeholders from bonafide actions.

It is only IC that can pass such comments like harassment in his decision and can not punish any applicant.

Almost all Public Information officers' argument against appellants is that authorities are being harassed through RTI.

The authorities are supposed to upload such remunerations of employees under Voluntary disclosure.

Anyone can make any allegations against anybody but in the end, it is left to the authority to say it through verdict.

 

Parasar   19 January 2022

file an rti let them deny, you can use that to file crpc 91, and get the documents. next file perjury but court may not allow it, read perjury by kant mani, and crpc by kelkar. 

G.L.N. Prasad (Retired employee.)     20 January 2022

The Delhi High Court ruled that when certain proceedings are pending, documents can be sought only through the process of court, not under RTI.  Salary is different from basic pay and DA.  The applicant can only ask for the Scale of pay and ask for the present scale of pay.  The deductions are personal information.

That is DHC judgment, but certain courts are not entertaining such applications and asking the petitioner when there is RTI route, they should use that right.  Hence as rightly suggested by Shri Parsar, seek information under RTI, go for the first appeal, file the second appeal, and then submit to court as applications seeking information is stone walled and hence this petition through court.


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