Advocate Parminder Singh Rai

Questions Answered by Advocate Parminder Singh Rai

Q: Can wife able to get husband personal details through RTI

Hi All.....Can cruel wife not living with husband able to get husband personal details like salary details , income tax returns etc through RTI and honorable court can husband able to object on it what is procedure for it. How husband able to prevent wife not to get his personal details.

Advocate Parminder Singh Rai answered
Salary details and tax returns are public documents and are not covered under exemptions provided under RTI Act. The husband can file an affidavit in the court stating his liabilities which needs to be deducted from his salary so that the court may grant maintenance to wife on lesser side.

Q: Can deserted wife and cruel wife eligible to get alimony from husband

Hi All...Can deserted wife without any reason , living separate from husband and cruel wife able to get alimony from husband at the time of divorce.How husband prove in court that wife willfully without any reason deserted husband wife not living with husband and wife is cruel.If husband is employed and it is difficult for husband to attend court proceedings again and again can on this ground husband able to transfer maintenance and divorce case from one district to another district procedure

Advocate Parminder Singh Rai answered
Wife is entitled to get maintenance from her husband irrespective of the fact that who deserted whom. Desertion on the part of either party can only be proved at the time of leading evidence. Any party can approach high court and may apply for transfer of the case from one district to another.

Q: My husband drinks all the day and beats us without any reason.

I am from a sikh religion. I want to consult you about the actions I can take upon my husband as he beats me and my adult daughter also. How can I get my alimony? He is a retired army officer. I want his pension to be restricted to my account only.

Advocate Parminder Singh Rai answered
You have a remedy to file a complaint against your husband under domestic violence act. Further you can apply for an application for grant of maintenance to you as well as to your daughter. The orders in these cases can be conveyed to concerned authorities in the army where his pension would be attached.

Q: Emotional and mental distress (sometimes mental abuse) by relatives

I turned 17,but it all started I was 16. I had to live with my paternal aunt from last 7 months, I couldn't visit my family easily. I had to plan who was gonna stay with her because she suffers from major arthritis. I was like her caretaker. I was never provided with breakfast unless she had to eat. If I eat something else available she used to scold. There have been many instances that have affected me. I have become miserable in these few months. Can I sue her? I really want to.

Advocate Parminder Singh Rai answered
You can approach High Court through your parents/guardians seeking your release from unlawful custody of your paternal aunt. The court would depute some officer to rescue you and you would be released from her custody with the help of the court immediately.

Q: If wife not living with husband and not give divorce to husband

Hi All....If wife not want to live with husband and not want to give divorce to husband and demand huge amount in maintenance and alimony what husband will do can whole life of husband is ruined.

Advocate Parminder Singh Rai answered
In any case, if the husband has filed divorce against wife, he has to prove it strongly through evidence that no room be left with the court except to grant decree of divorce. If wife is not ready to give divorce or demanding alimony which is not within reach of husband then contesting divorce in court is only option left with such husband. The husband through his counsel can request the court to expedite the proceedings of the case.