Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Rti help

 

Got married in Jan 2009. and filed Domestic violence on June 2009, (Pending in Magistrate court , Bangalore.) after a year  April 2010 my husband through me out of the matrimonial house. Than he filed Divorce case under section 13(ia)(ib) and (cruelty and desertion )Pending before Family court, Bangalore. and later on on December 2010 I filed 498a case against my husband and in - laws ( pending before the magistrate court , Bangalore ).
 
My mother is a assistant librarian, and father is a employee in SBI.
 
Now He started harassing my parents through filling RTI .
 
1. First he sent RTI application to know my mother Provident fund, Dependent, assets, Designation, number of leaves , name of the banks she took loans and their reasons, date of joining, number of times promotion.
 
 Sec 6 (1) of The RTI Act,2005  with all the law in the Braket ( If you feel that the above requested information does not pertaining to your department then please follow the provision of section 6 (3) of RTI Act, 2005.

 

Also as per the provision of RTI act, 2005 please provide the detail name and designation of the first appellate of the First Appellate authority with reference to your department with the reply to the above request where I may if required file my First appeal.

 

Please note that all the information sought by me falls well with in the embit of section 6 r/w refer section 2 and section 4 of RTI for further clarification and information sought falls well with in the embit of sec 4 (1) (d) of RTI act. Hence section 8 exemption will not be applicable for denying the information.

 

Note:  The information shall be furnished with in 30 days under provisions of RTI act, 2005.As all the requested information are pertaining to service records of Government employee and Government appointed employees .

 

Hence section 8 exemption will not be applicable for denying the information.)

 

2 . Second time He again filed RTI application and he mentioned the same thing.

 

3. Now this time he asked for the ATTENDENT REGISTER XEROX COPY through RTI Act.

 

BAD PART IS THAT THE DEPARTMENT PEOPLE IS GIVING ALL THE INFORMATION. NOW WE WANT TO STOP ALL THIS. BY SAYING THAT ANYONE CAN HAVE THE INFORMATION UNDER THIS RTI ACT.


4. Husband sent 1 letter to my Fathers head office with the cock and bull story of marriage and seek a hard step on my father carrier. ( This repeated 3 times ) same letter .

 

5. Income tax department sent one of their investigation officer to our house once to know about the money and income . verbally my parents gave the details from where the borrowed the money and arranged the money.

 

Now again the Income tax department sent 1 more letter to my father for the details and the address of the relatives who has given us the money. 

 

SIR PLEASE HELP US TO STOP ALL THIS HARASSMENT .  PLEASE HELP

 

HOW TO STOP IT??? PLEASE REPLY..



Learning

 29 Replies


(Guest)

ITs the pure missused the RTI act.

This is third party information- department is not entitle to give your mother related information without your mather permission.

Has department furnished any latter to get permission to provide information to your husband ? disclose.

 

This is your personal matter between you & your husband- your father department has no right to interfare.

Provide me said complaint latter furnished by your husband to your father department.

On which behalf incometax department entered into your house ? Have they provided you any search warrant/ or notice ?

get the details by use the RTI act.

 

You may file criminal matter against your Husband. and punished him.

 

 


(Guest)

Thank you sir for your imidiate reply.

department did not furnished any letter to my mother for any kind of permission. Please help how to stop the department to furnish the details further.

 

As now he is asking my mother attendence register through RTI.

 

pLEASE HELP.

The department has informed my mother that if they wont give the information she will loose the job. she is scared right now. please help.

Adv. Chandrasekhar (Advocate)     30 April 2012

You require a very good advocate, really good at law.

The problems you are sayiing are not new, several women are facing the legal harassment by husbands in this fashion.

Contrary to popular belief, dowry givers cannot be punished.  SECTION 7(3) OF D.P. ACT GIVES SUCH PROTECTION TO THE DOWRY GIVERS.  Despite this settled law proposition, the husbands file several complaints before the Income Tax authorities and follow up those complaints with RTI applications to terrorise the wife and her parents, who spend lakhs of rupees for their dear daughter's marriage and after marriage, really they become paupers.  Tit for tat.  first do not allow any god damn income tax officer without proper authority to enter into your premises and harass you.  secondly you use the same RTI technique to terrorize the income tax officers by asking the uestions like that how many complaints they received during from that period to this period and in the case of how many complaints they visited the houses of the people referred in the complaints and also why they had taken special interest in the case of yours. There are million questions to put to these income tax officials, who work as lap dogs eating out of the hands of these socalled innocent husbands, who declare themselves that they did not take even a single paisa as dowry.  The ostentatious marriages are clear example how deep rooted the dowry system is in Indian Context.  This disease has spread in such castes, particularly in Scheduled Tribes, who never heard of dowry two decades back.  You visit any matrimonial office, they give the clear cut table showing the dowry rates of the boys depending upon their professions, doctors, engineers, software engineers, NRIs etc.  This also varies along the caste lines.  This also depends upon the ancestral property the boy holds.  Even then, on every day we see that every boy says that he has not taken even a single paisa as dowry.

Our country is the most peculiar country.  Here we do not believe in caste system.  But every marriage, except with a few exceptions, occurs within the caste.  A few inter caste and inter religious marriages rarely occur.  Similarly, in every marriage we see that not a single paisa is exchangedComing  as dowry.  But reality every one knows and more particularly the parents of the daughters.

Coming to the question of RTI application filed by him, he is quoting several sections only terrorizing you.  If you do not want to give any information, you refuse to divulge any information and approach the court throw a competent advocate.

Finally, giving attendance register details will not affect your mother, I think so.  If it has got any bearing with the S.498-A complaint, then refuse to give information.  go throw the RTI Act.  There is no such provision, which will give the employer power to terminate the services of the employee for not allowing to divulge the personal information.  I part with this enquiry by saying that you engage a competent advocate, who can put efforts in criminal law, matrimonial law and also RTI Act.  He will stop the onslaught of the incensitive bureaucracy.

  

1 Like

(Guest)

S U P E R.   Your husband is very intellegent person. He is boldly facing false cases against him, with pure legal means. what do you think, every thing will be in your favour? you can get legal assistance and he should not. he is real role model for harressed husbands. you tuned the radio on , now listen the music. you not only ruined your life but dragged your parents too. Your attitude shows, you are not ready to pay heed anybody who differ with you, so a person who is using his legal means to save himself is eyesore for you.

i will certainly spread this thread in this forum. thank you. god bless you.

3 Like

cm jain sir (ccc)     02 May 2012

Yes , What u gave him, he is returning it with interest!!!!

3 Like

(Guest)

Is this returning possible for every husband?

Tajobsindia (Senior Partner )     02 May 2012

@ Author


The TEP RTI as well as Third Party Info. are allowed as per RTI Rules and nothing wrong in what has been asked as they are based on earlier decisions of CIC and is sought after learning art of RTI Application question makings which your husband has learnt the hard way and has a right to seek so and so and is given as you are feeling the heat shows and neither your side can say NO nor your father's Govt. depart can say NO nor your mother's department can say NO.


Today a PIO has become smarter before parting with any Third Party info. and they follow Rules by spirit before giving Third Party info. to RTI info. seeker. PERIOD.


@ Chandu


You said everything possible about husbands. Appreciate your views.


Hear this wisdom once again. What the lady and her papa and mommy are hit now is called as TEP and its full form is Tax Evasion Petition. Income Tax people are bound to act once TEP is filed to investigate the matter of tax evasion. The RTI ACt Sections used are perfectly all right and various CIC decisions support it.  The lady has choosen not to disclose rest of the RTI questions and main footnote of the husband as in his RTI application and for that refer to my earliest post on TEP RTI application format, it is more or less same used by many harassed Husbands. With yoru reply you want to kill spirit behind RTI Act it seems hiding behind miya - bewi game :-)


Neither I nor you being advocates are above CIC and are above Rule of Law or above Income Tax PIO to override such decisions. However you may try filing Writ to overrule all decisions in favour of Husbands under RTI Act till date. I welcome you for that.


A Advocate should see through what queriest is mentioning before devoting entire reply into 5000 years old customs and traditions and misguiding the same queriest. The info. asked by lady’s husband are not Third Party info and only you can call them such being unaware of several CIC decisions. Today harassed Husbands are getting full replies from Private Banks such as HDFC / ICICI / Axis Bank / IDBI of their father in law to mother in law or entire wives sides family's financial position before and at the time of marriage to boggy down “beyond means dowry figures stated by their wife in her criminal complaints when one side she says her entire family is poorest of poor in world so from where she gives dowry can you explain that leave aside matrimonial price tag market ;-)


Suggest now to go to files sections in my profile you will find few CIC decisions which are in husband's favor and based on them I invite you to approach D HC or Hon'ble SC to overrule them. I also want harmony in matrimony I will be happy if both sides decisions are null and void.


Out of the millions questions you yourself suggesting to file which you are asking this lady to put as tit-for-tat you come up with only one suggestions ! C’mon I was expecting better from a brother advocate.

3 Like

(Guest)

Read section 8 (e) (g) (J) and section 11 of RTI act.

Section 11(1) para 2

exempted from disclosure of information.

Tajobsindia (Senior Partner )     03 May 2012

@ Mr. Prajapati

 

1. I disagree.

2. Read this CIC decision now https://cic.gov.in/CIC-Orders/SG-14122009-32.pdf on quoted sections of RTI by you which are obsolete to subject matter now. Same judgment is in my files section too. This is launching tombstone on TEP's other than others we quote to get such third party infos especially in miya - bewi cases.

3. Also read S. 148 IT Act under which notice to investigate is given on TEP by Income Tax authorities goes to biwi's natal home to make FIL's loose all his sleeps.

4. Contact our brother Shonee Kapoor who is very much active / respected here in LCI and ask him yourself how many lacs of Rs. Tax Evasion under dowry laws his FIL got notice of from Income Tax Authorities and penalities he was asked to pay. P.S. Mr Shonee this direction naming you shall  not be construed as personal but there are admirers here on your TEP success and heat it got generated culminating into MCD is what this pointer is all about.

4.1 I can give you one day scan copies of Tax Evasion recovery notices and penalties of tax Evasions of FIL's / MIL's that few husbands who succeeded showcausing via their TEP's but that will come once their cases are over or come to SIF weekly meeting at Patiala House Court, Gate No. 2 every Sat. between 4-7 PM and see for yourself original Income Tax Authorities replies to your full satisfaction and removing 'cloud of ignorance of RTI Law on Third Party info" once for all.

 

 

Now are we savy on this issue of TEP / Third Party stuffs ! 

Anon (EFG)     03 May 2012

@Aurthor

You have been playing victim game it now, but you need to understand that it wont take to too far. It is well settled in various CIC judgments that what he is asking for is public info not private. Only option you have is reject the request and go in for appeal. You should have thought through this before filing fase allegations under the ill advice of some lawyer who even dont understand how RTI can be used dig in real info.   

@chandru

The real reason of dowry skyrocketing in India is because there is not a single conviction of dowry given in India in last 30 years but thousand of conviction for dowry takers. When coming to question they can take shelter under DP 7(3), if same set of laws were in countries like USA, UK, Canada you would have seen thousands to people in jail by now. These people are getting away because of corrupt system which includes police, advocates & judicary. Let this be lesson for all wives who aproach court with unclean hands. As far as your plan to terrorize that Income tax officer is concerned, he has suo moto power not you. Just because Tax dept hasnt raided neighbour house doesnt mean that you shouldnt be raided. They have suo moto power and can raid anyone even if their neighbours are not raided. Audit, Enquiry & Raids are random and they need not give explanation to anyone why only you were raided. Claming as victim of husband card doesnt provide immunity in tax dept for her parents.  

1 Like

Ranee....... (NA)     03 May 2012

@Author, you can also terrorise them with the same tactics as adviced by Chanduji.Don't worry.

Manoj Kosi (Teacher)     03 May 2012

Ms. JUI, you are getting the taste of your own medicine. Who told you to charge them with false 498A? I think girls like you should get a lesson from this.

Tajobsindia (Senior Partner )     03 May 2012

 

 

Originally posted by :Ranee.......

"


@Author, you can also terrorise them with the same tactics as adviced by Chanduji. Don't worry.

"

1. EXACTLY
2. Thank you R.K. Prajapati, Adv., Chandu, Adv. and @ Utpala aka Ranee a aam metro woman for proving harassed men's point right once again on unleashing LEGAL TERRORISM of metro wives based on sprawling COTTAGE INDUSTRY
whose alleged leader is Chandu, a Advocate.
Reasoning:

Read
para 13 of annexed SC Judgment on how metro wives unleash Legal terrorism and this query and subsequent replies by Chandu, Adv. supported by aam woman @ you proves exact wordings of Hon'ble SC in the Judgment. Our proposed next PIL on same subject matter is getting some real good published materials from Advocate(s) from such sprawling cottage industry and general public now to support our next level of arguments before Hon’ble SC soon J  

 


Attached File : 108436152 supremecourtjudgement legalterrorism[1].pdf downloaded: 103 times
2 Like

Zeeshan (Hidden)     03 May 2012

RTI / TEP is public b'coz it's loss of country. Also the case is between state and husband. Thus it also become public issue.


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