498arti

November 20, 2009

bank details of your ex wife

Filed under: Uncategorized — Fighting Legal Terror @ 12:58 pm

To

CAPIO & Branch Manager

ABC Bank ,

 

 

 

Subject: Request for information through RTI Act 2005

 

Respected Sir / Madam,

 

Appellant wish to inform your kind perusal that, my wife Smt 498 wife have filed a maintenance case against me, in which she have claimed that, “she is not working anywhere”, as per my information she is very well working somewhere, as her salary cheque / salary crediting by employer, every month In the SBI, ABC branch, where she have a bank account & fixed deposits.

 

Apart from above Smt. 498 a Wife D/o Shri XYZ, had lodged a false FIR against me and my family, under section 498a/323/504/506 of IPC and DP Act 3 /4.

In view of above I humbly request you to furnish me the following information through the RTI Act 2005, in the interest of justice.

 

  1. Kindly provide me the details of the A/c i.e. A/c No. & A/c Statement of 498 A WIFE, from date of opening of account to till date. Her Address is, House No.-_____________________

 

  1. Kindly provide me the details of Joint A/c i.e. A/c No. & A/c Statement of 498A WIFE & Shri. XYZ, from date of opening of account to till date. There Address is, _________________

 

  1. Kindly provide me the details of Fixed Deposit of 498 a wife & joint name of 498a wife &Shri XYZ, there address is.

 

 

Request / Relief sought

a) The maintenance case section 24 of HMA is registered in Hon’ble Family Court, _____ under case no. _____ dated : _____ (certified copy is attached here with as Annexure-A)

 

b) The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court.

 

c) The disclosure of financial details, mainly Account Details of Smt 498 a (wife) would surely help me to show my innocence.

 

d) The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

 

e) CPIO is under burden duty to provide the same details BECAUSE In a similar kind of case Horn’ble CIC wide his decision no.1816/IC(A)/2008 “The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.” (Attached As Annexure- B) 

 

f) The objective of the RTI act is to provide information to the person who sought such information and when the case involves a serious question whereby the applicant seeks the information to better defend himself in the court of law the information sought becomes more important. Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted. Since, it is very important principle of natural justice that against whom a complaint has been made has every right to know its contents so as to defend himself effectively and to prove that the complainant has approached various authorities only with an oblique motive. Thus in the process defaming the undersigned and causing the undersigned mental agony and harassment.  

 

g) That the refusal on the part of the Respondent No. 1 is without any justification and disclosure of the information would have NO effect to any public activity and would not be an unwarranted invasion of the privacy of the individual 

 

h) That the respondent cannot refrain from disclosing the information on baseless pleas of public interest or invasion of privacy or information falls under category of IIIrd party when the issue involved is of serious nature as in the present case F.I.R. has been registered against the undersigned / appellant. 

 

i) That under the Universal Declaration of the Human Rights adopted by the united nation in 1948 assured by article 19 that every one has right to seek, receive and impart information and ideas through any media, regardless of the frontiers. 

 

j) That in Secretary, Ministry of Information and Broadcasting, Govt. of India and others Vs. Cricket Association of Bengal and others, 1995(2) SCC 161 the Hon’ble Apex Court has remarks about this right in the following term:- 

“The right to freedom of speech and expression includes the right to receive and impart information. For ensuring the free speech right of the citizens of this country, it is necessary that the citizens have the benefits of plurality of views and a range of opinions on all public issues. A successful democracy posits an ‘aware’ citizenry. Diversity of opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgement on all issues touching them.”

k) Those by refusing the information sought, the respondent will defeat the object of the act i.e. RTI for which it was created. The object of the Act is to provide for setting out the practical regime of the right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The constitution of India has established democratic republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain the corruption and to hold governments and their instrumentalities accountable to the governed. Therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

l) That the appellant has come on the very first opportunity available to him and therefore the information should not be denied to him. More over the appellant does not wants to use the information for any oblique motive but wants to use the information to better defend himself.

Initial fee of Rs10/- in the way of Postal Order of Rs10/- bearing serial number _________ has been enclosed with application as prescribed under Right to Information Rules 2005.

It is requested that, the applicant is a citizen of India, would like to receive the above said information at most urgent on the address mentioned below. For any clarification contact undersigned at Electronic mail: – _______________, Mobile No: – ____________ or at address given below.

It is submitted that, the above information pertains to your esteemed office in your statutory capacity as CAPIO under section 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.

Undersigned is ready to pay processing fee (if any) required to furnish above said information.

Now, at the end, I may reasonably expect that, honorable CAPIO will honor the decisions of CIC as stated above while making decision on this RTI application so that, at least the wastage of time of higher authorities in further proceedings and Legal hassle could be avoided in appeal while discussing the same matter.

Thanking You,

Verification

I, the deponent named Umesh Talwar, do verify that, the facts as narrated above are true and correct to my best knowledge and belief.

 

HUSBAND

ADDRESS & MOBILE NO

Copy To : Hon’ble Principal Judge, Family Court, ________ for information & record in case no. ______.

 

DOWNLOAD CIC ORDER : http://cic.gov.in/CIC-Orders/MA-18032009-14.pdf

http://mynation.net/docs/ex-wife/

EPF details of your ex wife

Filed under: Uncategorized — Fighting Legal Terror @ 12:56 pm

To
CPIO
EPF DEPT.

Subject: Request for information through RTI Act 2005

Respected Sir / Madam,

Appellant wish to inform your kind perusal that, my wife Smt 498 wife have filed a maintenance case against me, in which she have claimed that, “she is not working anywhere”, as per my information she is very well working somewhere, as her EPF is crediting by her employer every month in your EPF office / department, Because here her company / school deposits EPF of there employees.

Apart from above Smt. 498 a Wife D/o Shri XYZ, had lodged a false FIR against me and my family, under section 498a/323/504/506 of IPC and DP Act 3 /4.

In view of above I humbly request you to furnish me the following information through the RTI Act 2005, in the interest of justice.

A. Kindly provide me the details of the EPF A/c i.e. EPF A/c No. & EPF A/c Statement of Smt. 498 A WIFE, from date of opening of account to till date. Her Address is, House / Flat No.-_____________________
Request / Relief sought
a) The maintenance case section 24 of HMA is registered in Hon’ble Family Court, _____ under case no. _____ dated : _____ (certified copy is attached here with as Annexure-A)

b) The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court.

c) The disclosure of financial details, mainly EPF Details of Smt 498 a (wife) would surely help me to show my innocence.

d) The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

e) CPIO is under burden duty to provide the same details BECAUSE In a similar kind of case Horn’ble CIC wide his decision no.1816/IC(A)/2008 “The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.” (Attached As Annexure- B)

f) The objective of the RTI act is to provide information to the person who sought such information and when the case involves a serious question whereby the applicant seeks the information to better defend himself in the court of law the information sought becomes more important. Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted. Since, it is very important principle of natural justice that against whom a complaint has been made has every right to know its contents so as to defend himself effectively and to prove that the complainant has approached various authorities only with an oblique motive. Thus in the process defaming the undersigned and causing the undersigned mental agony and harassment.

g) That the refusal on the part of the Respondent No. 1 is without any justification and disclosure of the information would have NO effect to any public activity and would not be an unwarranted invasion of the privacy of the individual

h) That the respondent cannot refrain from disclosing the information on baseless pleas of public interest or invasion of privacy or information falls under category of IIIrd party when the issue involved is of serious nature as in the present case F.I.R. has been registered against the undersigned / appellant.

i) That under the Universal Declaration of the Human Rights adopted by the united nation in 1948 assured by article 19 that every one has right to seek, receive and impart information and ideas through any media, regardless of the frontiers.

j) That in Secretary, Ministry of Information and Broadcasting, Govt. of India and others Vs. Cricket Association of Bengal and others, 1995(2) SCC 161 the Hon’ble Apex Court has remarks about this right in the following term:-
“The right to freedom of speech and expression includes the right to receive and impart information. For ensuring the free speech right of the citizens of this country, it is necessary that the citizens have the benefits of plurality of views and a range of opinions on all public issues. A successful democracy posits an ‘aware’ citizenry. Diversity of opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgement on all issues touching them.”

k) Those by refusing the information sought, the respondent will defeat the object of the act i.e. RTI for which it was created. The object of the Act is to provide for setting out the practical regime of the right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The constitution of India has established democratic republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain the corruption and to hold governments and their instrumentalities accountable to the governed. Therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

l) That the appellant has come on the very first opportunity available to him and therefore the information should not be denied to him. More over the appellant does not wants to use the information for any oblique motive but wants to use the information to better defend himself.
Initial fee of Rs10/- in the way of Postal Order of Rs10/- bearing serial number _________ has been enclosed with application as prescribed under Right to Information Rules 2005.
It is requested that, the applicant is a citizen of India, would like to receive the above said information at most urgent on the address mentioned below. For any clarification contact undersigned at Electronic mail: – _______________, Mobile No: – ____________ or at address given below.
It is submitted that, the above information pertains to your esteemed office in your statutory capacity as CAPIO under section 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Undersigned is ready to pay processing fee (if any) required to furnish above said information.
Now, at the end, I may reasonably expect that, honorable CAPIO will honor the decisions of CIC as stated above while making decision on this RTI application so that, at least the wastage of time of higher authorities in further proceedings and Legal hassle could be avoided in appeal while discussing the same matter.
Thanking You,

Husband
Verification
I, the deponent named xyz, do verify that, the facts as narrated above are true and correct to my best knowledge and belief.

HUSBAND
ADDRESS & MOBILE NO
Copy To : Hon’ble Principal Judge, Family Court, ________ for information & record in case no.

TAX EVASION PETITION

Filed under: Uncategorized — Fighting Legal Terror @ 12:55 pm

To,
Chief Commissioner Of Income Tax

_____________________________

_____________________________

 

Sub: Tax Evasion Petition against Shri. XYZ S/o Shri ABC 

 

 

Dear Sir/ Madam,

This is a tax evasion complaint against Shri XYZ S/o Late Shri ABC whose details are:

 

1. PAN No : _____________

2. Jurisdiction _____________ 

3. Date of birth : ____________

4. ResidenceAddress:________________________________,________________________________

Background

Smt. 498ª WIFE D/o Shri. XYZ has framed a false dowry complaint under section 498a/323/504/506 of IPC and under section ¾ Dowry prohibition act .It has been claimed by Smt 498 A WIFE in her own admission that Shri XYZ & Smt XYZ WIFE had spent over Rs __ lacs in the marriage on MAY, 2004 (in financial year 2004-2005)

 

Interestingly Shri XYZ & Smt XYZ WIFE married her second daughter even if we assume that same amount of money was spend in her marriage as alleged in the FIR. It needs to be verified how come Shri XYZ amassed such an astonishing wealth for both these marriages.

 

Shri XYZ & Smt XYZ WIFE also married his second daughter where it is presumed that he must have spent an equivalent amount in her wedding. It means he spend more than 30 Lacks Rupees. It becomes my duty as a patriot and citizen of India to ask the authorities to verify the source of income and tax returns filed by Shri XYZ.

 

It is submitted that Shri XYZ was a __________ employee and was worked with ______________, where from he bought such huge sum of money for said dowry and has carried other liabilities of family besides having other liabilities is a matter of investigation which your esteemed department has the jurisdiction to investigate.

 

Please investigate as to whether Shri XYZ, Smt XYZ WIFE (housewife though) has ever shown such a huge amount as his / her income and paid taxes on the same (this income does not include only amount allegedly spend on dowry items but also amount spend on other liabilities of his family and invested / spend on the properties owned by him) and if they had purchased the items of dowry from shops / showrooms after paying proper taxes for their purchase.

 

Ground for complaint


As Shri XYZ (as claimed) had spent Rs ___ lacs in financial Year 2004-2005 so his income tax return and source of fund of Rs ___ lacs may be verified and tax should be collected as per provision of Income Tax.

 

Further careful perusal of the FIR & Attached Complain letter of Smt 498 A WIFE hints provision of section 68,69,69A, 69B, 69C & 69D under Income Tax Act of 1961 are applicable on Shri XYZ as far as in my knowledge. However there may be many other provisions of income tax which is best known to Honorable Income tax authority.

The section 68 deals with cash credits proving identity of the creditor, capacity of the creditor, genuineness of the transaction are the important things of this section. Section 69 & 69A, B deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.
Section 69C deals with the unexplained expenditure, the important requirement of this section is that an expenditure has been found to have been incurred by an assessee in any financial year and the assesses fails to indicate satisfactory source of such expenditure.

Request & Relief sought

Shri XYZ income and source of fund should be verified for expenditure of Rs ___ lacs in financial year 2004-2005 to recover the tax and start proceedings against Shri XYZ as per provision of Income Tax and the authority is under bounden duty to investigate the said information since it relates and its refusal may prejudice the appellant upon which an FIR has been registered.

 

Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted.

 

Honorable Justice S. N. Dhingra has also given voice to my feelings in his Judgment of “Neera Singh Vs. The State (State Govt. of NCT of Delhi) & Others – CRL.M.C.7262/ 2006 – 23.02.2007 as below

“Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns”

 

It is therefore requested that necessary Investigations may kindly be made against Sh.XYZ, Smt. XYZ WIFE and Smt 498A WIFE the interest of justice and requirements’ of law.

 

Shri XYZ provides the details of money being spend as gift received from the relatives, friends etc, the flow of money should also be verified as there is every apprehension that he may provide false Information and cheat the Tax Authorities.

 

As per Income tax rules, the source of Shri XYZ income must be checked and recovery should be made from him against the expenditures he has made in the marriages of his daughters. I may be given the due prize money as per income tax guidelines for revealing this to the authorities.

 

I would also like to request that the name of investigating officer be provided to me who

will be looking at this matter, as there is every apprehension that the information provided to me will be misleading due to political pressure and beauraucratic contacts of Shri XYZ,SmtXYZ WIFE.

 

I request you to kindly take cognizance of my complaint and honor the aforesaid Judgment to verify his expenditure and initiate action against Shri. XYZ, Smt XYZ WIFE for tax evasion if any.

 

 

With Regards,

Husband

ADDRESS:

MOBILE:

 

Enclosure :

a. Copy of the FIR & letter disclosing expenditure of Rs. ____ lacs

RTI Basics

Filed under: Uncategorized — Fighting Legal Terror @ 12:52 pm

Courtesy : http://ipc498a.wordpress.com/

The SC has ruled that RTI is a Fundamental Right.

Here is a link to the judgment.

Here is an excerpt from the judgment:

[SUPREME COURT OF INDIA]

People’s Union for Civil Liberties and another

v

Union of India and others

S. B. Sinha

06 Jan 2004

“Right of information is a fundamental right under Article 19(1)(a) of the Constitution. The State under Clause (2) of Article 19 of the Constitution, however, is entitled to impose reasonable restrictions inter alia in the interest of the State. How far and to what extent the same should be balanced is the question involved in these appeals which arise out of judgments and orders dated 30th January, 1997 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 1785 and 1792 of 1996″

Remember this ! The Govt authority needs to provide information within 48Hrs if rights under life and liberty are affected. An RTI is a useful weapon if your loved ones are being held by the police.

RTI application forms and appeals from Mahadhikar

An example:

Here is the article in the Newsweek about RTI

Here are some links:

Here is the document that gives you the basics on filing an RTI: RTI Basics

RTI presentation from GOI: RTI Presentation

NCPRI RTI Primer: NCPRI RTI Primer (12Page version)

Here is a template for the RTI for the police: RTI Template For The Police

Example of an RTI: RTI Example

You will find more templates at this website: Protect India Family Foundation

Here is the document that details the complete act: RTI Act 2005

Here is another document: CHRI Guide to using RTI

Here is another doc from Transparency International: Using RTI To Fight Corruption

RTI links from the Pondy police website. They have forms etc: Pondy police RTI

November 14, 2009

false 498a

Filed under: Uncategorized — Fighting Legal Terror @ 9:09 am

Helpline numbers for advice, help and strategy to fight the misuse of 498a, DV Act, Divorce, Child custody, RCR, transfer petition, bail, CrPc 125, Maintenance etc.

Helpline numbers for advice, help and strategy to fight the misuse of 498a, DV Act, Divorce, Child custody, RCR, transfer petition, bail, CrPc 125, Maintenance etc

State District Name Contact Language email
All-over-India Bangalore Suresh P 09880141531 English/Hindi/Tamil psuresh29@yahoo.com
Karnataka Bangalore Suresh P 09880141531 English/Hindi/Tamil psuresh29@yahoo.com
Bangalore Mahesh M 09845448472 English/Hindi/Telugu mamah85@yahoo.com
Assam   Mrs. Gogoi 09435548142 English/Assamee  
Andhra Pradesh   Uday R 09731711552 English/Hindi/Telugu utathi@yahoo.com
Maharashtra          
Tamilnadu Erode Krishna 09894103539 English/Tamil/Hindi luvly.krissy@gmail.com
Coimbatore Padmanaban 09790019658 English/Tamil  
Rajasthan Jodhpur Nishat B 09784619178 English/Hindi nishatbharti@yahoo.com
Delhi Delhi D. Arun Kumar 0981162 4141 English/Hindi ishqindia@gmail.com
Delhi Vijay Naru 09810407895 English/Hindi vijaynaru@gmail.com
Delhi Helpline 09871763056 English/Hindi  

 

http://www.family-harmony.org 498afaq.wordpress.com 498anews.wordpress.com
http://www.498a.org.in 498arti.wordpress.com  
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498ahelpline.wordpress.com 498aadvice.wordpress.com  
false498a.wordpress.com 498adivorce.wordpress.com  
misuseof498a.wordpress.com karnatakahighcourt.wordpress.com  
dvact.wordpress.com dvjudgements.wordpress.com  
498ajudgements.wordpress.com divorcejudgements.wordpress.com  
     

Suffering due to false 498a case?

Looking for judgements on 498a quash?

Looking for CIC judgements on RTI related to 498a quash?

Looking for stratergy to win 498a, child custody,divorce, transfer petition, quash, domestic violence?

Looking for helpline related to 498a and other women biased laws?

Want to contribute to the movment to make family related laws “gender neutral”?

Looking for helpline on how to make a RTI application ?

Looking for helpline to seek advice, help and stratergy to fight 498a?

Trying to understand what is RCR?

Whant to know FAQ 498a, child custody,divorce, transfer petition, quash, domestic violence.

Everything you are looking related to 498a is available at www.family-harmony.org

Please contribute not in terms of money but we are looking for your support in terms of time…Please contribute for a better future.

Please visit……..

http://498ahelpline.wordpress.com/

http://498amisuse.wordpress.com/

http://misuseof498a.wordpress.com/

http://false498a.wordpress.com/

www.family-harmony.org
and contact 09880141531 for questions related to “women biased laws”. We encourage to

visit above sites and our partner sites http://go2.wordpress.com/?id=725X1342&site=false498a.wordpress.com&url=http%3A%2F%2Fwww.family-harmony.org%2Fau_Ptnrs.html to

study yourself how to fight the women centric laws.

November 13, 2009

RTI comes to rescue for false dowry harassment case

Filed under: Uncategorized — Fighting Legal Terror @ 9:46 am

New Delhi: Men allege that anti-dowry laws are often used to harass them. One man is using the Right to Information Act to prove his point.

“My entire family was ruined after the dowry case. I lost my job and my family’s honour even though I did not do anything wrong,” says Bhagat Singh, who won a case against his former wife by using the Right to Information Act.

Bhagat and Saroj Nimal’s marriage lasted only ten days, but for the last seven years he has been trying to prove that he never took dowry. He says his former wife did not earn even enough to afford the 10 lakh she claims to have given Bhagat as dowry.

To prove his point he asked the Income Tax Department to investigate his wife’s earning. However, he did not get the information he was trying to find.

RTI lawyer Girja Verma says, “The IT department refused to divulge the information saying that it was a personal dispute.”

Bhagat then approached the Central Information Commission (CIC), which ruled that the details can be provided only after the case related investigations are over.

However, in a significant order, the Delhi High Court said that the information can not be denied under the Right to Information Act simply because a matter is being investigated.

According to the Act, “The mere existence of an investigation process can not be a ground for refusal of information, and the authority withholding it must show satisfactory reasons as to why the release of information can hamper investigations.”

An RTI Activist, Manish Sisodia, says, “This is victory for Right to Information because many officers in many cases have misinterpreted this clause of investigation.”

The High Court has taken serious note of the two-year delay by the IT department in providing the required information. The High Court has also asked the authorities to act at the earliest.

The IT department now has two weeks to provide the information. Bhagat Singh is hopeful that the details provided will prove to be crucial evidence in the dowry harassment case registered against him.

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