SidChiBharg (Software) 14 April 2013

How to get information from a private school ?

Hi Friends,

My estranged wife had filed sec 125 in October 2011. Due to my limited legal knowledge then and pressure from the Hon'ble Judge and counselor of the Family Court (that If I am unable to produce evidence where my wife is working then I would need to pay maintenance to her) I agreed to a settlement reached through Lok Adalat to give 4200/- p.m. to my estranged wife. This was my biggest mistake and blunder which I am repenting till date. I didn't give any reply to her sec 125 petition and again I didn't appeal against the order either since I already had agreed to a settlement reached through Lok Adalat - another big blunder. The important point to note here is that she had written in her sec 125 petition that "the petitioner has no means to support herself".

Later on somehow through RTI I found out her PF number. The EPFO department only gave me the PF number they didn't gave me her PF details. They rejected my First appeal u/s 8(1)(j) as my estranged wife had objected to givng her PF information. I have made second appeal to CIC. Through her PF number I found out from the EPFO website the school in which she was working. I found that she was working in a private school in her hometown. We made our own enquiries through our contacts and relavtives living in her hometown and they confirmed that she is the one who is working in the school. Later on we serached the school website and her name appeared in the school websites faculties list as well. I then filed RTI's to CBSE and District Education Officer (DEO) as well asking for the details of the faculties working in the school in the sepcified duration. The CBSE gave information of the different duration and when I made first appeal then they rejectecd my first appeal. The DEO send my RTI to the School and the School rejected my RTI under various section of the RTI act.

In the meanwhile after confirming that she is working in the private school I filed sec 127(1) application together with crpc 91 in the Hon'ble Family Court to summon the records from the school principal and P.F. commissioner. This was way back in August 2012. Seeing this that we came to know where she is working (which I was aware aware of and which we had mentioned in our 127(1) application to the Family Court) she resigned from this school in November 2012 and joined a new private school since December 2012. Now how should I find in which school she is working ? She is claiming now that she is not working anywhere as she has left the previous school in November 2012. She is saying to the world that she is not working anywhere while still not acknowledging that she was working before. Also, she is now claiming in Hon'ble Family Court that she was working as a leave vacancy teacher and that she had told me this. How cunningly she has retracked and changed her stand. I want to catch her offguard by producing documents of her working in new school.

Now by adding section 2(f) and 2(j) of RTI ACt 2005 and by adding new judgements and restricting the data to a subset I have filed a fresh RTI to the CBSE. Awaitng the result of that. I am reluctanat to file RTI to DEO as I know that DEO would send my RTI to the school and the school has already rejected my RTI application once.

As we know a person who works has to have 2 deductions which his organization does for him/her and he/she cannot escape from it:

(i) Income tax = if his/her income comes under the tax bracket.

(ii) Provident Fund = provident fund contribution which is deducted by the company.

Officially I have only 3 ways which I know/I"m aware of:

======================================================

(i) To get information from the school. - Since I cannot write to the school directly as its a private school so I have written an RTI to CBSE since the school is affiliated to it. I also wanted to write to DEO but DEO had send it to the school and the school has already rejected my RTI application once.

(ii) To get information from the PF department. - I know her old PF number. But as I had mentioned earlier the PF department has already rejected my First Appeal. Now she has moved to a fresh school I don't know her P.F. number even. What can be done?

(iii) To get information by quoting her PAN number to the IT department of her state. - Getting information through this route seems highly unlikely as through this route one can get information of the person who has filed his/her IT return. The private school must be deducting her tax if her income is taxable.

I don't want to use the services of the detective agency as they are charge exhobitantly, are highly unreliable and sometimes collude with the opoosite party as well and double cross us.

Please do let me know the other innovative (official) ways in which I can find where my lovely wife is now working and so can produce the documents in Hon'ble FC. As alrady mentioned above in the meanwhile I have already filed an application u/s 91 crpc to call her records from the school and P.F. commissioner.

As always waiting for all of your esteemed suggestions.

Thanks and Regards,

Sid.

Reply Follow

10 Replies

(Guest)

@Querist,

You have done the due work by filing an application u/s 91 CRPC. Cross examination will do the rest.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

ashoksrivastava (scientist) 14 April 2013

Since she was working as a private teacher she must be at least B.Ed(she cannot deny her qualifications). you can claim that she is educated ,experienced and taking private tuitions thereby earning rs 20000/ per month. A good lawyer will be able to get the maint. amount reduced if not cancelled. However I feel 4200 may not be unreasonable amount foryourmaint. case.any way what is your salary? regards ASHOK

cm jain sir (ccc) 15 April 2013

When she filed case, at that time she was working and that information you already have. so purjury can be filed.

By pf ac no. you urself can trace out the pf details , contribution, etc.

For new school also DEO is the right person to give details but u hv to give school name. digout urself.

Pf no. will not change for new school also.

call pf officer, cbse, school principal and deo under crpc 91 to get her details.

your case is gone pakka!

fighting back (exec) 15 April 2013

hi sid......i just happened to read that you got the PF details through RTI, just wanted to know, if RTI application is filed to the PF office, do they reveal the pf number of the concerned person? as many lawyers in this forum say that a third persons details are not given by the PF office.

Thanks and awaiting your kind repluy

SidChiBharg (Software) 18 April 2013

Originally posted by : no pain no gain....
	hi sid......i just happened to read that you got the PF details through RTI, just wanted to know, if RTI application is filed to the PF office, do they reveal the pf number of the concerned person? as many lawyers in this forum say that a third persons details are not given by the PF office. Thanks and awaiting your kind repluy

I didn't get the PF details through RTI but the PF office just gave the PF number of the girls in the city by my wife's name. You need to frame your RTI query in general and not ask about the specific person.

SidChiBharg (Software) 18 April 2013

Originally posted by : cm jain sir
	When she filed case, at that time she was working and that information you already have. so purjury can be filed. By pf ac no. you urself can trace out the pf details , contribution, etc. For new school also DEO is the right person to give details but u hv to give school name. digout urself. Pf no. will not change for new school also. call pf officer, cbse, school principal and deo under crpc 91 to get her details. your case is gone pakka!

Can perjury be filed in sec 125 case as the case has already been decided and closed a year back ? As per my information perjury can be filed only in cases which are open and have yet to be decide. I only have the information but most importantly I don't have the documented proof in support of it and trying hard to get it from various departments. I have also filed an applciation u/s 91 crpc to get her details from the school and P.F. commissioner. I have her previous p.f. a/c no but cunningly enough she has got this account closed and I have got the information that she has jonined a new school and must have got a new p.f. a/c open so unware of it. I had made an application to the DEO since it was a private school but the DEO forwarded the application to the school and the school rejected my application under various sections of the RTI Act. She has got her old p.f. a/c no. closed and must have got her new p.f. a/c no. created in the new school. As mentioned in my post I have already made an application u/s 91 crpc to call her records from the school principal and P.F. commissioner.

SidChiBharg (Software) 18 April 2013

Originally posted by : ashoksrivastava
	Since she was working as a private teacher she must be at least B.Ed(she cannot deny her qualifications). you can claim that she is educated ,experienced and taking private tuitions thereby earning rs 20000/ per month. A good lawyer will be able to get the maint. amount reduced if not cancelled. However I feel 4200 may not be unreasonable amount foryourmaint. case.any way what is your salary? regards ASHOK

She is B.A. , M.A. and is currently doing her Ph.D and only her VIVA is pending. Yeah I would be claiming that she is highly educated and experienced. But more importantly I would be putting stress on the fact that she has given false facts in her petition and has received maintenance based on false affidavit. 4200/- may not be an unreasonable amount for maitenance but why a lady is receiving mainteance when she is not eligible for it and also is capable of maintaining herself.

SidChiBharg (Software) 18 April 2013

Originally posted by : newS_Know!!!
	@Querist, You have done the due work by filing an application u/s 91 CRPC. Cross examination will do the rest. Note-This reply should be taken as per the declaration given in my profile page. Thanks, Regards,

Isn't there any other way in which I can get her information as the court process u/s 91 crpc is taking too much time ? and don't know how the Hon'ble judge would take my application u/s 91 crpc i.e whether he would accept my application or reject my application.

Never Give Up (Fighter) 18 April 2013

Hi Sid,

If currently she is doing Phd, its more likely that her roll number , result any other detail can be found on university website. You may try your luck there.

Also in cross you /your lawyer can ask about her qualification and i bet she will not deny that she is doing Phd.

My suggestion, if you know her university , be friend a student there and he/ she can give you details of her guide in Phd. Send strong worded lawyer notice to guide and ask him to be present in court..and see the effect :-)..