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SandB

Asking Husband To Produce Divorce Decree

Question

SandB

Dear Friends,

 

Let me explain the Scenario.

 

A --> is the Husband

B --> is the Wife

 

C --> is the First son

D--> is the Second son

 

E--> is another woman

 

Due to some issues, A filed divorce case and after 7 to 8 years of time,

B and B's parents got fed up roaming around the court and they gave up and took the responsibility of B, C and D.

 

And A after some years got Ex-Parte divorce decree. (A says that he got, but there is no Strong proof that he got the decree by family court).

 

Meanwhile A got married to another woman E.

 

B, C, and D approached court, but the Judgement papers are missing somewhere between the subcourts in the same premises and B, C, and D made all attempts to get the judgement copy through CA, but to no avail. (As A gave money to lawyers and as it has been many days and B did not attend court trials there is no proper information whether A got official decree or not. A managed even the B's side lawyer as well.)

 

So, now my question is can B, C, and D ask "A" through RTI to produce the court-granted Ex-Parte Divorce Decree.

 

if so, how.

 

 

Thanks in advance.

 

SandB

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Prasad GLN

"So, now my question is can B, C, and D ask "A" through RTI to produce the court-granted Ex-Parte Divorce Decree."

 

if so, how.

 

No. Through RTI a citizen can seek information from Public Authorities alone and not from individuals.

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SandB
"So, now my question is can B, C, and D ask "A" through RTI to produce the court-granted Ex-Parte Divorce Decree."

 

if so, how.

 

No. Through RTI a citizen can seek information from Public Authorities alone and not from individuals.

 

Dear Sir,

 

It is said by one lawyer that one can approach family court through RTI for the certified judgment copies and can be directed to principal judge. So, sir, can you assist me in preparing or drafting the RTI application to the district family court in getting the certified judgement copy or decree copy...i have the number with me and couple of papers related to the case as well.

 

Thanks in advance

SandB

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MANOJ B. PATEL

Dear member, do you know the year of order of divorce?

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SandB
Dear member, do you know the year of order of divorce?

 

Yes sir, The case number and date of decree as well is available.

 

Thank you

 

SandB

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MANOJ B. PATEL

Dear member,

 

You can get certified copy of order by filing a simple application paying prescribed fee in court. It is very simple matter. You can take help of advocate also. If record is more than 10,15 years old kindly contact court employee in charge of record branch and humbly request him to find out the record. Your advocate can manage it.

 

Second remedy is to file RTI application to the PIO of concerned court with a request to provide a certified copy of the order you want. kindly refer to following link for guidance in drafting good RTI application.

 

GOOD RTI DRAFTING

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Prasad GLN

It is a minute's job to the said advocate, to obtain a vakalat from you and obtain duly certified copy of judgment \ No RTI is necessary in case of regular court proceedings, and there is a laid down procedure for obtaining certified copies of judgments even before enactment of RTI Act.

 

 

 

(Kindly read your own post wherein you have sought information from A through RTI which was as follows "So, now my question is can B, C, and D ask "A" through RTI to produce the court-granted Ex-Parte Divorce Decree.

)

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SandB

Dear G.L.N. Prasad Sir,

 

At this instance, I want to give some info here.

 

A managed his lawyer and B's lawyer as well and whenever B approached court to get the Certified copies of Judgement/Decree, the 2 lawyers and the lawyers' assistants too were not at all cooperating as the matter is completely managed by A in background.

 

Even when B filed an CA application to get the certified copies, in the main central record room, in the register when searched as per the case number, against that case number the entire row is empty and the record room person told that it might got stuck in the family court premises in any of the four buildings in the family court premises and B even searched with the help of court people, but to fail.

 

By this you can understand that the papers have been intentionally misplaced and Sir, through B's experience it is a known fact that a minimum of Rs.10,000.00 is required to approach a lawyer.

 

B and sons approached 3 famous lawyers of their town who in turn call B's lawyer and they talk something on phone and there matter ends...no cooperation from the new lawyer who B approached for the judgement copies.

 

Now you can understand what is happening in the background.

 

That is why I want to know whether RTI can be used to get these certified copy or decree for which they are bound to provide.

 

Kindly Advice.

 

Thanks in advance.

 

SandB

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Prasad GLN

Then as you are an affected party, give vakalat to any junior advocate (entire costs may not exceed Rs.500/- in all) first file application for certified copy (Called CC application) and at the same time find out as to time frame fixed for providing certified copies.

Then wait till that day and issue a notice under CP Act for deficiency of services to the concerned Supdt., of Family Court. In all cases, you can get the certificate after two weeks from receipt. If not just file a complaint before District Consumer forum.

If you want you can also file RTI Application seeking as follows. But remember, their RTI Fees are different.

Information solicited:

1)Please provide certified copy of judgment and decree at Family Court No..............(Case no, judgment date)

2.If not traceable, find out the name of the employee responsible and confirm attempts made for tracing the record and also provide retention schedule of such expartee decree. (It must be permanent as I remember)

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SandB

If you want you can also file RTI Application seeking as follows. But remember, their RTI Fees are different.

 

 

Dear Sir,

 

Can u please let me know the RTI fees in this situation. Thanks in advance.

 

SandB

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koteswararaonerella

this is a court matter and you need to approach your lawyer for better advise and guidance.

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SandB
this is a court matter and you need to approach your lawyer for better advise and guidance.

 

Dear koteswararaonerella sir,

 

I have gone through all channels/phases (for at least 8 months and more as well) in court to obtain as well sir, but to fail. The decree papers are missing somewhere in the court buildings only. So as a last resort I am planning to go through RTI and also if it is decided by them that it is not traceable by them, can think of accordingly later on that matter.

 

Kindly let me know the RTI fee for this matter.

 

Thanks in advance.

SandB

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Prasad GLN

Each HC has prescribed it's own fees (different from HC to HC) for RTI and you have to search for prescribed fees for Application under RTI in their website in RTI Segment.

(Unless the Court is clearly known, one can not guess and inform you the fees. You can as well make a phone call and also seek information from SPIO of the Court)

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SandB
Each HC has prescribed it's own fees (different from HC to HC) for RTI and you have to search for prescribed fees for Application under RTI in their website in RTI Segment.

(Unless the Court is clearly known, one can not guess and inform you the fees. You can as well make a phone call and also seek information from SPIO of the Court)

 

Dear Sir,

 

The court in which the judgement copies are requested is Warangal Districts court complex. When searched in via "ecourts.gov.in" RTI option is not there in "http://ecourts.gov.in/warangal" there is no option such as RTI, hence I am dilemma of how to get details about fees, etc.

 

Thanks in advance.

SandB

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Prasad GLN

1.You have to file application before SPIO, District Court, Adalat, Hanamakonda.(Dt.Court office supdt is designated PIO)

2.You have to paste Rs.25/- Adhesive court fee stamp as RTI fee on Application. The stamps are available from Advocate clerks, advocates and available with petty vendors in all court premises.

3.For RTI information in AP you have to search website of High Court judicature of AP at Hyderabad - RTI segment.

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