How Can I file an RTI query for knowing whether there is any case filed against me by my wife/inlaws

**psneog** · 08-11-2008, 12:21 PM

My wife deserted me with our minorl child. I need to know

1. Is there any separation order, along with/without protection order taken by her against me?
2. Is there any other legal moves taken against me, my family or on behalf of the child by my spouse or her family?
3. Was there any information sought on me under RTI or any other act?

Is is possible for me to file RTIs to know these? If it is how?

Thanks in advance,
-Prabhakar

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**jiwateshwar** · 08-11-2008, 01:11 PM

Sponsorer

Had all this been limited to a single police station or locality, then it would have been possible to locate all this information. However in these cases it is hard to say. Further, if something as such had been done by her, then you are bound to receive notice of it. Such as in protection order, the magistrate shall call you to court and there you have to proove why the order should not be given. No matter what legal moves she takes, she and the court are bound to serve you notice. They can not take any action against you till the notice gets served. That is why many people (respondents) decline to take the notice and bribe the serving person to go away (

). Thus you can rest assured about legal proceedings.

About information sought by her against you under RTI; well she might have but there is no way to know. There are far too many departments she could have sought information from against you. However, in such cases the first move of the wife is usually to attach the property of the husband to the case. Thus even if she does seek information under RTI then it is most likely to be from the Income Tax Department. You can thus file an RTI application to the Income Tax Department asking them if any information has been sought against you through RTI application in the past XX months.

Other than this, it would be hard to predict where else she might apply for information through RTI thus there is no way you can know unless the CPIO is required to consider you as a third party and thus seek your permission before releasing the information.

**psneog** · 08-11-2008, 05:22 PM

Dear jiwateshwar,

Thank you very much for the valuable information.

However, If protection order or equivalent is taken from Mahila Samity, would it be possible not to serve legal notice?

Thanks again
-Prabhakar

**DineshK** · 08-11-2008, 06:09 PM

Normally all legal notices are served through the local police stations. So you can prefer a RTI application asking your local police station if any case is pending against you and if any protection has been asked by anyone against you.

Same questions can also be asked from the local police station of your wife's residence.

You will have to file 2 RTI applications but you will have peace of mind and security.

**jiwateshwar** · 08-12-2008, 11:32 AM

Dinesh,
Sir, do you think it is possible that Mr. P S Neog here could invoke the "life and liberty" clause here? I think the matter would concern his liberty if such a complaint was to be made against him. What is your say on it?