Getting spouse details
Amit
(Querist) 06 July 2012
This query is : Resolved
Hi,
I have filed a divorce petition against my spouse and as part of evidence I need her passport details.
I filed RTI and it went all the way up to CIC for second appeal and CIC allowed the appeal and asked passport office to furnish the details.
But the passport officer now has referred the case to Delhi High Court.
Any idea what's going to happen next? Will I get summons or notice from Delhi HC?
Also while this is going on, can I file a petition in the Family Court and ask them to direct passport officer to furnish the details as it's an important evidence?
What's the best course of action for me? I can't deal with Delhi High Court since it's going to be expensive and probably long drawn. I heard of cases wherein the PO got a stay on the CIC decision and that was the end of it.
Please advice.
Thanks
ajay sethi
(Expert) 06 July 2012
you ought to have made an application to family court directing your wife to produce certian documents like her passport.
better make an application to family court on next date . however in view of fact that PO has referred issue to HC family court may not pass any order on your application
Kiran Kumar
(Expert) 06 July 2012
well in the process of trial the necessary public documents can be summoned by way of legal process.
the court is well empowered to summon such relevant record for the proper disposal of the matter.
I think, if the Passport Office is denying this information in other context but they cannot conceal the documents from the court.
Amit
(Querist) 06 July 2012
Thanks.
PO might have referred the case to Delhi High Court. But will it have bearing on family court? Because any one can ask for any one else's passport details and PO can refer them to DHC. This should not mean that family court can't PO to provide it. Please confirm.
I'd rather deal with Family Court and not Delhi HC.
Also, can the passport be cancelled by her? Is it possible to change the details like date of birth etc? I heard the court has to sanction the change in date of birth in a passport. Is this true?
BTW, I am not from Delhi.
Thanks for your replies.
ajay sethi
(Expert) 06 July 2012
she cant change date of birth in passport . it is based on her school leaving certifcate , birth certifcate . etc
make application to family court
Amit
(Querist) 06 July 2012
Thanks a lot.
