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fighting back (exec)     07 August 2013

How to take the assistance of court commissioner?

I want to know, how to take the assistance of the court commissioner, i have filed divorce on mental cruelty grounds, but to collect some more evidence, which is not possible by me, i need the assistance of the court.

my lawyer says it is not possible, but i read in the forum that the assistance of the court commissioner can be taken. i want to know how to approach for assistance from the commissioner.

or do i simply request the judge to provide assistance from the court to get evidences from a particular place. as i cannot do it.

pls advice....tahnks



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 6 Replies


(Guest)
Originally posted by : fighting back


I want to know, how to take the assistance of the court commissioner,

Court commisioner is not a tax collector with ambassador car with red beacon on top.

He will be just a bench clerk, ameen.


Give one memo stating that you want appointment of CC for blah blah blah etc.  There will be nominal stamp fee. And then gungho.


You can ask CC that you may accompany him or take him on your two wheeler to whatever place you want to collect evidence from.  Chai paani is your forte.

i have filed divorce on mental cruelty grounds, but to collect some more evidence, which is not possible by me, i need the assistance of the court.

my lawyer says it is not possible,


For what you can ask appointment of CC is important.

For eg:  Getting employment details when the employer is not giving information about her working then u can ask appointment of CC.

If she is residing in a pent house and says no to it, CC will go and check where she is living etc.


For what kind of evidence you want appointment of CC that you have to explain.


but i read in the forum that the assistance of the court commissioner can be taken. i want to know how to approach for assistance from the commissioner.

or do i simply request the judge to provide assistance from the court to get evidences from a particular place. as i cannot do it.

pls advice....tahnks

 

What kind of evidences you want?  That you have to explain first, or simply going and asking judge for appointment CC will be waste of time.

1 Like

fighting back (exec)     07 August 2013

@divorce lawyer....tahnk you sir for your reply, i want to get the employment details of my wife from a pvt school, where she was working as a teacher and drawing salary,but the owner of the school is refusing to give me the details, saying she is your wife, u give her money, i will not help you, i will not give you any documents related to her (she managed to emotional blackmail the owner of the school)  he is saying do what you want to do, i will not give you anything, i am a lawyer,....blah blah..boasting about his contacts

this evidence is very useful to me for my 125 and dv cases, as she was working, and she is claiming in court that she was left in the house alone by me.whole day she was kept alone...which is not a fact. as she was busy working

thats the reason i want to take help of CC

thanks again for your reply

bhanudassss (service)     07 August 2013

Read Criminal Procedure Code for your queries, it provides for commissioner, summoning witness etc. Now, for your help there is RTI act under which you can get details of your wife's employment as school comes under RTI act. Read RTI Act, the format of application to file for information. Frame you questions in such way that you get information you required otherwise school authorities will play with you. You can file appeal to education officer after 30 days if information not provided by School authorities.

fighting back (exec)     07 August 2013

hi bhanudas....thanks for your reply, however the school is  a 100% pvt school, so it does not fall under RTI, thats the reason i wanted help from the CC,

can i write to the education department directly to file RTI against that private school. because that school is unaided,

thnks


(Guest)

Hi Fighting back,

 

I have sent you a PM for your ready reference. Just check and proceed.

bhanudassss (service)     07 August 2013

There are many organisations online or otherwise giving guidance for RTI, one of them is just opposite SNDT Churchate, find out from net and contact them for your queries.

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