Divorce case
saraswatik
(Querist) 26 March 2015
This query is : Resolved
Hi,
My friend has divorcecase in familycourt.
Her husband filed it.He is CentralGovt servant. She is working in Private co.since last Sept 2014. she got married 2013 May. Her case started in Sept 2014.
At that time she did not disclose as she iw working. Later she filed maintenace application. At that time her husband gave application stating all her bank account nos. including her Saraly account no. & asked for bank statment stating that she is earning handsome salary. These account nos was not disclosed to her husband by anyone. But he searched it & presented in court. He didnt taken help of RTI. So it it legal to find anybody's bank details without RTI? Whataction can be taken on him ? She is earning 280000/-p.a. but only 7 months old in job. where as her husband has 18 yrs in central govt having salary nearly 1 lacs p.m. i.e. 12 lakhs p.a.In this case is she enttiled for maintainnce? Her husband is denying her maintaince. What remedies she can get ?
Please advice. What action should be taken against him fordisclosing her bank account nos without RTI ?
Please help ....
SAINATH DEVALLA
(Expert) 26 March 2015
RTI is not applicable for private persons to obtain bank account details.If one has done it then it is a crime.No bank can give the details of accounts of customers other than to only govt investigating agencies.If she dosent get standard source of income she can file maintenance
saraswatik
(Querist) 27 March 2015
Hi,
Thanks for your reply.
I want to know how much maintainace she can get ? I think there are 2 types of maintannce,interim & Final --will she eligible for both as she is working woman.
Also i want to know can her husband reach to her office which is private organisation with RTI application to know about her salary. Can he do that ?
Please advice.
T. Kalaiselvan, Advocate
(Expert) 30 March 2015
If she is employed and drawing handsome salary, she may not be eligible for maintenance. The husband can by a petition to court can ask her employer to provide her salary details before the court, so do not think that f the cat is closing its eyes, the world will become dark.
saraswatik
(Querist) 03 April 2015
She is drawing 25k p.m from private job which is just 7 months old whereas her husband is drawing 1lack p.m. nd govt employee . Will be she eligible for final maintainance ? As her husband used to send naked pics nd videos to his girlfriend from whstsapp She want history of wjatsapp where from she can get for proof ?
saraswatik
(Querist) 03 April 2015
Please help as his character is not good .
Guest
(Expert) 03 April 2015
Experts have already advised appropriately. However, about your query, "is it legal to find anybody's bank details without RTI," I can say, everything is fair in love and war. If she concealed her income from the court just for the sake of getting unfair maintainance that was also a crime. Irrespective of length of service by husband or wife, her earning capability cannot be overlooked even while deciding for maintenance by the court of law.
Guest
(Expert) 03 April 2015
If character of husband is not good, divorce can be justified, but does not justify claim of unfair amount of maintenance. Interim maintenance is granted when & till final mainance is not decided.
SAINATH DEVALLA
(Expert) 03 April 2015
Saraswatik,
U need not plead for help, every query will be answered according to the input provided, act according to the views of Dhingraji.
saraswatik
(Querist) 11 April 2015
If there is law that working wife cannot get compensation then there also should be law� of punishment to cheater husband . If such characterless husband is cheating to innocent wife nd he is just getting divorce & no any other or financial punishment then he will cheat� many girls . So please suggest what action can be taken against him? Also suggest where should sumbit RTI application for getting information about his salary� & its procedure .
saraswatik
(Querist) 11 April 2015
Please advice .
