Advocate Pravin Sharma

Questions Answered by Advocate Pravin Sharma

Q: I need to know how I can request a copy of the bank statement from the opposing party.

In an ongoing alimony case, despite the lady reluctantly providing her passbook from her S/B account to the Family Court, the Respondent attempted to obtain the full statement of her accounts from the bank under the RTI Act, claiming the matter was now public. However, the bank refused, citing that RTI does not apply to matters concerning individuals. They indicated they would provide the statement if ordered by the court, but courts are typically hesitant due to privacy concerns, even for an accused individual. How can one obtain a copy of the account statement in such a situation?

Advocate Pravin Sharma answered
In case the documents in the power and possession of the opposite party are relent to the issue/controversy in a case you may move an application under Order 11 Rule 12 and 14 of the CPC praying the court to order the opposite party to produce the document. The Bank may not give you copy of bank statement as it keeps the information in respect to account of a customer in trust and therefore not divulge the information yo you.

Q: Is father name mandatory in aadhar card ?

My daughter is 9 years old... about to apply for aadhar card....I would like to know if her biological father's name should be mentioned or the column can be left blank....is it mandatory to have father's name in aadhar card ?I am a divorcee. fyi

Advocate Pravin Sharma answered
As Aadhar is processed by predestined computer softwares leaving a column blank may Bloch processing of theingotmation provided by you.Moreover the fact that you have been divorced does not change the fact that your ex husband is the biological father of your child.

Q: Labour court awarded money against my company now it is closed

Hi Sir, In a labour case judgement the court has awarded rs 2 lac each to 3 of employees who filed a case against my company in 2008. The final judgement came now in 2018. I have already closed my company in 2008. I do not have that much of money to pay since my age is 62 and I am retired now. I only have a flat in faridabad under my name for property sake. I want to understand what action can the court take in this situation if I am not able to pay the awarded amount. Can they try to recover the amount from my flat property which is the only house under my name.? In the case filed they made 2 parties basically one was my company name and then myself. What is the procedure to reply to judgement notice explaining my financial condition. Also is there any provision for jail term in such cases?

Advocate Pravin Sharma answered
If the case was against your COMPANY I e private limited or public limited,duly incorporated under the Companies Act in that case you will not be personally liable under the Award of the Labour Court.Secondly did you contest the case and took the plea that your COMPANY has been closed?There are many ifs and buts and a correct reply could be given only after those facts are also incorporated by you in your question.

Q: False complaint/ claim filed by a labour contractor

A labour contractor (hired for painting work in delhi) has filed a false complaint & claim with a labour officer...who issued a notice to appear without enclosing the copy of complaint...I demanded the copy but the labour officer did not supply while continuing to give date after date....now I have received a letter from a labour union threatening a protest (dharna) & malicious propaganda outside my premises....giving me a feeling of blackmail & extortion...Am unable to reply in absence of copy of his complaint....Need advice on the issue

Advocate Pravin Sharma answered
Give an application in writing to the concerned Labour Officer handling the case seeking copy of the Complaint.If you think Union is serious about staging dharma you can file a suit in Civil Court seeking injunction (stay) against dharna.Practical advise is that seek some professional help as the Labour Officer as well as the Union will take you seriously if you are accompanied by a Lawyer conversant with dealingni n Labour Matters and he will take care of all this dispute. During my practice in this are for last many years I have seen that Labour Officers are under heavy influence of Unions operating in that are and tend to lean in their favour although they are legally not supposed to do that.

Q: How to file for maintenance on the grounds of dessertion by husband

 I'm 32years female and having a kid of 4.6yrs. My husband left me 4yrs ago and not interested to continue our marriage relationship. He is having multiple relationships with other girls. He is not paying any maintenance to me and my kid till date. Now I want to proceed legally to complete this issue. Kindly suggest what all documents are required to file a maintenance case as I'm a dependent on my parent's and living with them. How to proceed?

Advocate Pravin Sharma answered
You may file a petition under Section 125 of the Criminal procedure Code ( in short Cr.P C) claiming maintenance in favour of yourself as well as your son by moving a petition before the Magistrate Court of the area where you last lived with your husband or living at present.Proof of marriage if possible,. Documents to show proof of employment of husband and his earnings as well as his place of residence will be required but you may file petition without them as well.You will have to substantiate your expenses to some extent.