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DV victimmmm ( )     11 September 2015

Need help about rti filed by wife

Hi, My wife had filed DV case which got dismissed.Then she filed crpc 125 in which she got maintenace for her and our minor daughter. I applied for divorce and I got the divorce on the basis of desertion and cruelty caused by her . I am paying monthly maintenance to her and daughter. My wife had filed RTI with income tax department about my salary and suprisingly IT deaprtment gave details even though I work in private sector. Now my wife files RTI every year and files crpc 127 for enhancement. She is asking for 30 lakh as permamnent alimony whereas monthly maintennace is 8 thousand. Now I will have to fight crpc 127 again as there is slight increase in my income. She is working in a privae school and earns 15 thousand. The school submitted fake salary slip of basic salary only when asked by the court so she got maintenance by court.She is MA B.Ed and take private tutions too.

Even though DV case was dismissed and I got divorce based on desertion and cruelty, there is no relief and i will have to fight enhancement case every year as she get details from IT department every year.Has anyone faced this kind of sitation? is there any remedy to stop litigation forever and settle matter?It has been 5 years now I have been fighting cases only.I heard that there is no way to change your PAN number at all.Please let me know if there is any way out of this. I don't wantfight cases every year and i can't pay 30 lakhs also.It's too big amount for me to pay

 

 



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 8 Replies

G.L.N. Prasad (Retired employee.)     11 September 2015

A spouse is entitled for such information as per Central Information Commission's decision.  However you may file objection letter under Sec.11 of RTI Act, stating that she is no more your spouse and produce such documentary evidences to ITO.  Then, CPIO, ITO can never provide such information under RTI Act.


(Guest)

Change in circumstances application should be filed by you at the end of each year if you want to reduce alimony awarded to her and the kid.  You should have gone for one shot alimony and gotten rid of paying life long alimony.  I am afraid there is nothing much you can do here.  If you want to get away from paying money, better do some buisness, where there is no account for anything, you can then stop paying alimony altogether.

Sonali   11 September 2015

First file objection letter under RTI Act 11 to stop sharing your information to third party. You got divorce so she would be considered as third party. If DV case got dismissed then you can fight back, possible option could be IPC 177, 191, 194, 195, 211, 499. Remember, now a days court understands the greed tactics of such women.  You need to put up all the case to fight instead off just pushing yourself into defensive mode.

Born Fighter (xxx)     11 September 2015

  1. what is your salary ?
  2. IF court has approved desertion & cruelty by wife then i dont understand how wife is getting maintenance, maintenance to child is fine. There are HC/SC judgements where maintenance is denied to wife on grounds of WILFUL desertion/Cruelty . DV Victimm pls clarify on this further...........
  3. Get married again if you have plans. Increase your expenses. Get in touch with a CA , he will guide you properly.
  4. 8K maintenance is not that high. Why dont you go for one time settlement, put lumpsum amount in account of daughter, the interest from the same can be utiized for monthly maintenance. 
  5. Propose one time of 15L to be deposited in name of daughter,let your wife and you be the joint nominees. Wife will get interest @ 8% PA ............i.e of 1.2L PA i.e 10k per month (which is higher than what she is getting now). The principal amount can be withdrawn by your wife once daughter attains maturity or for her marriage.  Kab tak jhanjat jhelogey ???

prabhakar advocate (advocate)     11 September 2015

I agree with Mr. G.L.N. Prasad.  In addition to this, you engage a private detective and get her exact salary details and her bank account. Next, you place them in her 127 petition.  Otherwise, in her 127 petition, you seek these details in accordance with law.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 September 2015

I support the suggestions of Sonali which are apt.

DV victimmmm ( )     12 September 2015

Originally posted by : Born Fighter

what is your salary ?
IF court has approved desertion & cruelty by wife then i dont understand how wife is getting maintenance, maintenance to child is fine. There are HC/SC judgements where maintenance is denied to wife on grounds of WILFUL desertion/Cruelty . DV Victimm pls clarify on this further...........
Get married again if you have plans. Increase your expenses. Get in touch with a CA , he will guide you properly.
8K maintenance is not that high. Why dont you go for one time settlement, put lumpsum amount in account of daughter, the interest from the same can be utiized for monthly maintenance. 
Propose one time of 15L to be deposited in name of daughter,let your wife and you be the joint nominees. Wife will get interest @ 8% PA ............i.e of 1.2L PA i.e 10k per month (which is higher than what she is getting now). The principal amount can be withdrawn by your wife once daughter attains maturity or for her marriage.  Kab tak jhanjat jhelogey ???


Court has allowed maintenance in crpc 125 even though there is no ill treatment to wife.The reason is that I am not willing to cohabit and crpc 125 is a beneficiary application. As I said, she is ready for a settlement for 30 lakh and not 15 lakh which is too good if you consider payment of 8k per month.

T. Kalaiselvan, Advocate (Advocate)     19 September 2015

Since she is reported to be employed as a teacher, her salary should be taken into consideration similar to that of your annual increment she too would be having an increment in  her salary.  You should point this fact to the court and repudiate her claim. 


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