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(Guest)

Can we file rti to know the sections/clause of judgement

Respected Gurus, 

can we file a RTI to know the exact sections/clause of particular portion of a judgement , for instance in my case the learned judge written like " the petitioner is not having any right to file the divorce OP until and unless he set a side the restitution of conjugal rights decree which was obtained by the respondent "

can I file a RTI and ask them " provide me the  section/clause of the family court act the above quoted lines belongs to , can I do that .

Regards, 

Venkat Karra.



Learning

 8 Replies

sai narayana   02 September 2016

What the judge said is right. If the RCR is exparte, move the court to set aside it and ask the court to consolidate your Divorce and RCR cases so the judge can hear both your versions and grant relief.


(Guest)

nothing more to be added. 


(Guest)

Respected Sai Narayana , 

thanks for your reply , 

i am not asking about what is right and what is wrong its simple " can I file a RTI application to know the section of the family court act  "

you and judge both were wrong " in which section of the family court act it says its mandatory to set a side rcr ? if you are  right you tell me the section .

i m just asking u can we file a RTI application to get the details about the pin pointed information about the judgement .

 

hope its clear 

Regards,

Venkat

Sidharth   02 September 2016

NO, RTI can be filed for the said purpose.

sai narayana   02 September 2016

Venkat

Can you ask me and my wife to "live together" and "live seperately" at a time. At an instant, only one of the above only you can advise, so the same applies to court also. So the best thing is go for appeal in RCR case if it was lost by you or set aside if it was ex-parte, then only you can pursue your divorce case.


(Guest)

sai Narayana Garu , 

I am not asking the merits and demerits of the order , i am just asking a generic question can we ask any query regarding some portion of the order/judgement copy for instance " the judge says Musharoff  is president of India "  can we ask thorugh RTI  from when to when he is president ...?, 

when he taken the oath as president ....etc......, 

Thanks Siddarth for your answer , so I can file RTI , thanks Bro 

 

sai narayana   02 September 2016

If you find any such bluner then go for review or modification or approach High Court if you think there is some illegality. Court cases are not under purview of RTI.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 September 2016

No the said information is not available under RTI. The judge cannot be questioned regardig the basis of his opinion. However his opinion might be challenged before a higher court.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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