Rti act
Sayan Poddar
(Querist) 29 October 2013
This query is : Resolved
Dear Sir,
Child Custody Case,Court gives order to bring the child each saturday alternatively court and lawers chamber.
But last one month she is not comming.She is nurse in govt hospital.
While asking , her lawer tells , she is attending her duty, she will not come.
To confirm this regards,I wants to file RTI asking the office , is she actually attending duty at schedule time
or not.
My qustion is
1)Can i ask about an peson attandance through RTI ?
2)Can i mention court order in the RTI ?
3)A person can attand duty of a govt office while she is ordered by court to bring her child at court same time ?
4)IF she has conceal about the court order in office , and voilation court order , comtempt court is applicabe ?
5)Should i attache the court order along with the application ?
Devajyoti Barman
(Expert) 29 October 2013
These things would be of no help. It is clear she is fluting the order of court for child visitation.
If you wish to enforce the order you have file Contempt case in High Court to see result in no time.
Sayan Poddar
(Querist) 29 October 2013
Order passed by District court, 6th Addtion District Judge ,Alipore
Where to filing of contemopt court would better 1)District Court,Alipore or 2)High Court of Calcutta
Devajyoti Barman
(Expert) 29 October 2013
Filing in District Court or 6th ADJ would be of same effect.
The 6TH adj, Alipore in any case is not known to pass any drastic step to implement even its own order.
Filing contempt proceeding in High Court would yield desired result.
Nadeem Qureshi
(Expert) 29 October 2013
Dear Ayan
my opinion on you queries are as under:
1)Can i ask about an peson attandance through RTI ?
Opinion: yes you can if the hospital is govt. hospital otherwise not.
2)Can i mention court order in the RTI ?
Opinion: no need to mention
3)A person can attand duty of a govt office while she is ordered by court to bring her child at court same time ?
Opinion: yes, she can the court order can not bar to attend her duty.
4)IF she has conceal about the court order in office , and voilation court order , comtempt court is applicabe ?
Opinion: concealing of court order before her office is not an offence but violetion of court order is contempt of court.
5)Should i attache the court order along with the application ?
Opinion: No need to mention or attached the court order with the RTI application.
Yu can file the contept petition before the same court or HC as you think fit, but if you file the petition before trial court then the trial court commit that petition to HC.
Feel Free to Call
Raj Kumar Makkad
(Expert) 29 October 2013
The contempt petition should be brought before the same court which passed the order.
