Civil Maintenance
Suresh Babu Rai
(Querist) 09 February 2011
This query is : Resolved
Dear All,
The Plaintiff/Woman had filed a suit for maintenance against the Defendant/Husband, whom I am defending.
It is for trail. Plainitiff as PW-1 filed her cheif Examination and the suit is adjourned for her Cross-Examination. It is the case of the Defendant that the Plaintiff deserted him and went to Dubai in between 2005-2008, but she has no where stated in her plaint of such fact, and moreover alleged that my client has neglected her during that period. I have placed a letter to Pass-Port Authority of Inida to give the details of pass port of Planitiff under RTI Act, bit they failed to comply with my request as above, this fact is orally braught to the notice of Judge sir, he asked her to surrender her Pass-Port before the Court orally, for which she replied that she dont have any Pass-Port. How could I proove that during the period of 2005-08 the plaintiff was at Dubai, without having any documentary evidence or any sort of help with Passport Authority. But it is crystal and clears that she is at Dubai.
Pls guide me.
Amit Minocha
(Expert) 09 February 2011
during you evidence summon the RPO with passport details of the plaintiff.
Suresh Babu Rai
(Querist) 10 February 2011
Did you mean Regional Pass-Post Officer, Sir I have placed a letter to him under RTI Act, so far they did not responded within time stipulated. I am taking steps against them. That is one hand. Can I get the details of employees who worked in Dubai, from Indian Embossy Office. I am going to file a Interlocutory Application in the suit to call for the public Document, which is under the coustody of a Public Officer (RPO-Hyderabad) as per CPC.
H.M.Patnaik
(Expert) 15 February 2011
You may move in appeal under RTI Act for non- response from PIO if the time limit has expired .
As regards, detail list of the then embassy employees , in my opinion since the Embassy is a public office, you do not need the list for filing before the appropriate court ,rather you can seek the information from the concerned Embassy directly using RTI
Act stating your requirement. On the other hand, the court can call for the relevant record from the concerned authorities.
