How to avoid (matrimonial issue) conduct of case is malafide for acceptance of writ of quo-warranto?
PARTHA SARKAR
(Querist) 20 August 2011
This query is : Resolved
My wife have taken a rented house and living with a person without marrying him. She not only cheated with me but also did fraud with the Govt. Through RTI I have obtained information from the office of the father of my wife mentioning her father’s recruitment was as General Category employee and have no marking indication in his service book. On the contrary my wife managed SC certificate by the way of misrepresentation etc. and secured WB state Govt. jobs. Departmental proceeding failed as the DM of Dakshin Dinajpur submit his cryptic report to the Women & Child Development & Socail Welfare in response to my complaint addressed to the Secretary of my wife Dept. mentioning that the certificate is actually issued by the competent authority SDO, Balurghat and confirmed the genuineness of the certificate thus her Dept. closed the matter. Kindly advise if I file Writ of Qua-Warranto I have to disclose my matrimonial issue otherwise it will be suppression of facts on the other hand if I disclose the matrimonial issue she will defend the case that the conduct of the case is malafide. Thus the case may be rejected and she will get escape and real issue such abject abuse of constitutional provisions will be under carpet and will never expose. RTI has certain limit kindly advice to expose the truth.
Secondly if I try through criminal procedure (forgery) one problem will come against public servant section 195 Cr.P.C. etc. may arise. Kindly advice I wrote many departments and direction memo have proved meaningless. State vigilance enquiry is still on the process but the said Anti Corruption Officer is under the said DM. One hearing date I have received on next month with the said SDO but RTI have limitation to expose such fraud.
Kindly advise to expose the fraud towards my next course of action.
Regards
Partha Sarkar
Sarkar.partha@rediffmail.com Mobile +919038506359.
adv. rajeev ( rajoo )
(Expert) 21 August 2011
You have say the truth before the court, admit the relation nothing will happen.
ajay sethi
(Expert) 21 August 2011
1)you say your wife is staying with another man in rented flat
2)that she has cheated you and defrauded govt by obtaining false SC certificate
in my opinion best step for you is to obtain divorce from her by mutual consent . in the alternative since she is staying with another man file case for bigamy .
do not get involved in genuine ness of the Sc certificate . get a divorce and move on in life .
prabhakar singh
(Expert) 21 August 2011
i go with opinion expressed by Expert : ajay sethi
M/s. Y-not legal services
(Expert) 22 August 2011
If you want get leave from your wife peacefully mean just move to mutual divorce..
M/s. Y-not legal services
(Expert) 22 August 2011
Dear partha.. Your wife got govt job by a forged community certificate.. How long years she is on the said job? When you got the knowledge about it? While she was staying with you, you were also enjoyed her salary benefit.. Its clear shows your revenge mind.. The verification about her community certificate is duty to govt. You no need to worry about it.
PARTHA SARKAR
(Querist) 22 August 2011
We hardly stayed more than a week. After desertion I come to know the fact from a source. SDO has acknowledged that the certificate has issued from his office and thus searching is required but in contrary DM closing the enquiray being the appellate authority mentioning that the certifiacte in question is actually issued by the competent authority and thus confirmed the genuineness of the same.
girish shringi
(Expert) 24 August 2011
Parth,
You are lacking some points which you could not explained properly.
What you want divorce or wife back to you?
Law is very much clear,its a case of adultery.
Much more you could not produce the facts that under what circumstances she obtained the SC certificate to the authority,otherwise it can't be dismissed try again and or if you want back your wife ask the question in that term.
PARTHA SARKAR
(Querist) 25 August 2011
I want justice and equity. Proving adultery is very difficult even photograph is not enough to satisfy court. On the other hand DM, SDO is supporting her reason many one of it for their self. Trying shielding their subordinate because if it is exposed many officers/employees will be in troubles. As per recent information she also deprived her first illicit person and enjoying with a married man as second illicit person. She is staying 430 km away from me. I am not getting justice.
PARTHA SARKAR
(Querist) 22 August 2012
Kindy advice what kind of legal advantage one estranged wife can avail from the above mentioned write up during pendency of her matrimonial cases. Even all her stands on falsification and presently taking advantage from all gender bias laws. If that lady produce the said write up in matrimonial case what kind of advantage she may enjoy. Considering the facts it is a open forum anyone can ask question.
Regards
PARTHA SARKAR
(Querist) 31 August 2012
Corrigendum / errata.
In my quarry dated 20.08.2011 I wanted certain advice from the lawyersclubindia and in that quarry I have mentioned " My wife have taken a rented house and living with a person without marrying him……….." and also “………As per recent information she also deprived her first illicit person and enjoying with a married man as second illicit person………”.
I was wrongly informed by some person about Smt. Alpana Das living with a person without marrying him. As per recent information it is also not correct that she also deprived her first illicit person and enjoying with a married man as second illicit person. I am extremely sorry for having written about Smt. Alpana Das as above. I am sorry once again for all that wrong things. I tender my sincere apology for the inconvenience caused to anybody.
The quarry made about these incidents may be treated as withdrawn/cancelled.
