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:
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(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.
