SidChiBharg (Software) 27 November 2012

Information sought from a private school wrt estranged wife

Hi Friends,

With great difficulty I was able to find out that my estranged wife is working in a private school (Delhi Public School). Her name is appearing in the school website as well. I have confirmed that she is really the one who is teaching in the school from my relatives who live in her hometown. I have also doubly confirmed that from one of my father's friends.

She had put a case on me u/s 125 crpc in which she had averred that she is not working anywhere and that she has no means of earning her livelihood. As I was unable to prove that time that she was working as also due to the pressure from the counselor as well as the Hon'ble Judge of the Family Court that I need to pay up unless I am able to prove that my estranged wife is working, a settlement was reached through Lok Adalat wherein I was asked to pay her a monthly maintenance of Rs. 4200/-. Since the past year I am paying her this amount. After a couple of months of filing 125 crpc she again filed another application u/s 24 HMA. In both these applications she has averred that "she is not working anywhere and has no means of sustaining her livelihood" in spite of the fact that she was working in a private school.

I have already filed sec 127(1) for change in circumstances and sec 340 for perjury in sec 24 HMA in family court.

Now since it is a private school getting information from the school was difficult. This private school is affiliated to CBSE in her hometown. I had filed RTI application to CBSE but they had given the data for the faculties for the previous years. I had asked for the data for the period 2010 - till date but they had given me the data for the period 2003 - 2008. I then filed a First Appeal but CBSE said that they have given whatever data they had with them. I have now filed a second appeal with CIC.

Simultaneously, I had also filed an RTI application in District Education Officer (DEO) of the region where the school is situated. My RTI application was rejected by them saying that the said school does not work under their control and so I should ask the relevant authorities. I then filed a First Appeal and I received a reply a few days back from the District Education Officer (DEO) and in the reply they have forwarded my entire RTI application to the Secretary of the school itself. Today I called up the secretary of the school and I was informed that they have no reason to withhold the information which I have asked for. I also had a talk with the Principal and she invited me to have a chat with her which I duly accepted and fixed up an appointment with her.

My Query:
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1) Is it OK to visit the school and have a word with the school Principal and tell her everything and let her know why I am in need of the information. Is there some legal issues in it if my estranged wife gets to know that I came and met the Principal and sought information about her? Can she file defamation etc.?

2) Although the school Principal has already told me that there is no reason for her to deny the requested information and has invited me to speak to her, I wish to tell her eveything about my estranged wife and what all she has done to me. Is it OK legally? No issues involved?

3) What all should I discuss with the Principal and what things should be kept in mind?

Please do let enlighten me and let me know you thoughts on this.

Thanks and Regards,
Sid.

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4 Replies

Goutam Prasad (Advocate) 27 November 2012

Although there is no legal impediment if you go to school and get your required data, but I will suggest you to be straight while discussing anything. Do not try to have much discussions on your personal matter as even if you don't say any thing she can file defamation case with wrong claims, which ultimately may fall but primafacie lodgement of complaint will become possible due to your meeting principal.

Most safe way is to get print out of the teachcher's name list from website and file the same in court. If she still denies working there, you can file application for issuning summons to principal to witness whether she works in school? It will further strengthen your case if she denies again as later on she will not be able to say it as typographical error or so while cuting and pasting ordinary 125 petition.

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Tajobsindia (Senior Partner ) 27 November 2012

The advice of Ld. brother Gautam is correct.

To value add to his sound advise file an application under S. 91 CrPC in S. 125 CrPC proceedings for call for the DPS Principal (with complete up-to-date records of all teachers working under her school since Dec. 2009) as your witness and examine her under Oath and exhibit / mark produced documents as material of the file and then press for perjury to be taken first. In S. 24 HMA file similar application using S. 151 CPC for call for DPS Principal as witness with complete records of teachers and get it allowed first as S. 24 HMA is not summary proceedings unlike S. 125 CrPC showing that similar proceeding for maintenance she is already getting maintenance inspite of committing perjury there too.

Lastly search for @ Murali a LCI queriest who was very active this month searching left and right a Allahabad (Lucknow bench) HC Judgment on Perjury to be taken first before main case and once this chap got through RTI the said Judgment of the said HC he vanished from here and before that he was praying everyone daily here to help him get a certified copy of the said Judgment. Such queriest should be pinged and produced the true copy here for others usgae as once someone work gets done he should then help other harassed husbands who are in similar boat is my view and not act selfishly.

SidChiBharg (Software) 03 December 2012

Hi Friends,

Today an expected thing happened. I was just looking through the faculty list on the school website and expectedly enough my estranged wife's name which was there 4 - 5 days back is not there now on the school website today. My fear has come true. She might have left the job and must have joined another job in her hometown.

What implications would this have on my 127(1) ? What must be her plan ? Would I have to again hunt where is she working ? During the pendency of the 127(1) application she has left the job and must have joined another job which obviously I would not know AND then she would say to the Hon'ble Family Court judge that "judge sahab mein abla nari hoon. mein kahin kaam nahi kar rahee hoon. mujeh apen pati se maintenance chaiye." AND then the Judge would have pity on her.

What options do I have ? What can I do now ? Feeling very dejected :-( ? How would I prove that where she is working now? She would take more precautions now so that I cannot come to know where she is working?

PLEASE HELP WITH ALL YOUR EXPERT GUIDANCE

Thanks and Regards,
Sid.

Amit (NA) 04 December 2012

Though I am not a lawyer, my two cents... Even if she has left the job now, you can file a petition in the court to get her employment details from the school (period of working, salary drawn, etc.) where she was working. Usually the court will pass the necessary order which the school will have to honour. In the mean time search where she joins next. She might not join sensing that you have found out. Even then you can bring out the fact that she has not come in clean hands before the court and has lied.