• Right to information

I am defending a case of my daughter in law u/s 498A for last two decades and they are trying to drag the matter further to harass me as there is no merit in the case , so in recent past I moved to High Court for expeditious trial and Hon’ble High Court gave a 6 months speedy disposal order and out of that three months Defacto spent with filling Misc petitions and all of them got rejected and on the day of evidence her lawyer filed one petition stating that they require long date as Defacto is a state Govt employee and can’t get leave before one month and judge rejected that plea and fixed the next date within a week for evidence , now my point is can we File RTI to that concern Deptt of state govt whether she applied for leave at all or not ? Such that we may understand her lawyer gave false statement in that petition or not to drag the matter ?
If the answer is yes for the above and RTI reply is negative then what are the other legal consequences that may help us in this matter through that RTI reply …
Asked 8 months ago in Civil Law

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22 Answers

The court has already dismissed her petition seeking long time adjournment and the court has directed her to appear before court on the next date without fail hence you just may wait for her to turn up before court on the next date or you can file a contempt of court petition against her for disobeying the court order.

The information proposed to obtain would be a time consuming issue and by the time you procure the information your time of six months will be exhausted hence why do you want to delay your own case further.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Yes will be the answer. For RTI you can file appeal and seek information from authority

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Court has fixed date for evidence after one week . 

no need to file any RTI application as to whether employee had applied for leave or not 

 

even if you file application doubtful that you would get information sought by you 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

There is no bar to file RTI application as long as furnishing such information is permissible.

Then file the RTI reply in court to showcase her lies. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

✅ Yes, you can file an RTI to the concerned State Govt department asking if the de-facto complainant (your daughter-in-law) applied for leave on the claimed dates.

If RTI reply says no leave was applied, then:

  1. Use it to show false statement was made to court to delay trial.

  2. File an application in trial court under Section 340 CrPC for perjury (false affidavit).

  3. Mention it in your next hearing to oppose any further delay.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

Petition cannot be filed by lawyer in his own capacity 

 

he has to file it  on behalf of complainant 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

The advocate can file a petition on behalf of his client, it is not mandatory that the client has to sign the petition along with the advocate.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Advocate acts on instruction of his client 

 

he is not personally responsible for averments made in petition 

 

3) if false statements made in writing you can file application for perjury for false stamens made on oath 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

Yes, you can file an RTI to the concerned State Govt department to check whether your daughter-in-law applied for leave. Even if the petition was filed by her advocate, it was done on her behalf, so the responsibility for truth still lies with her.

If the RTI reply confirms no leave was applied, you can:

  1. Submit the RTI reply in court as evidence of false statement.

  2. File an application under Section 340 CrPC for perjury (misleading the court).

  3. Oppose any future adjournments, citing abuse of process.

This strengthens your case and can speed up the trial.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

The information to be sought will be from the concerned department.

It is your own decision to seek information about her leave from the department concerned by submitting an application under the RTI act, but that has nothing to do with the petition filed on her behalf.

Of course she will be liable for the contents of the petition filed on her behalf.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- Yes, you can file RTI application to brought in light the truth

- The trial court is bound to finalize the case within the time fixed by the High Court. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

The proposed information to be sought through RTI act don't fall under the purview of section 8 of the act.

The revelation of the information sought under the act will not be harmful nor injurious to the person against whom it is sought.

This comes under the general information category, if the information officer is rejecting the request may file an appeal against it and pursue accordingly.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

No it’s not under section 8

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

1) Section 8(1)(j) of the Act allows for the exemption of information that relates to personal information, the disclosure of which would cause an unwarranted invasion of privacy, and has no relationship to public activity or public interest. 





2) The CIC has clarified that leave records of other employees cannot be disclosed unless the applicant demonstrates a larger public interest in the disclosure. 

 

 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You can file an RTI to check if your daughter-in-law applied for leave. This information doesn't fall under Sections 8 or 9 of the RTI Act, as it pertains to her public duty as a government employee.

If the RTI reply shows no leave application, you can:

  • Submit it in court to highlight a false statement.

  • File a Section 340 CrPC application for perjury.

  • Oppose further adjournments, citing abuse of process.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

- Your query is not come under Section 8 of the RTI Act. 

- Hence, the authority is bound to reply of your query. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

  1. You can certainly file such application and even ask for copy of her leave letter.
  2. An application filed by lawyer binds his client, she cannot disown application.
  3. Your question is not prohibited under Section 9 and 8.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

Advocate can not file RTI application on behalf of the client.

This application is unfit for reply. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

RTI on Leave Record:

No bar on seeking leave records of a government employee under RTI—this is not exempt under Sections 8 or 9 of the RTI Act, as it relates to official duty.

If RTI shows no leave applied:

  • Submit it in trial court as evidence of false representation.

  • File for perjury under Section 340 CrPC.

  • Oppose future adjournments for misuse of process.

Repeated Absence & Delay:

✅ Yes, you can move to High Court again highlighting non-compliance with the 6-month time frame, repeated delays, and misuse of court process. Request monitoring or fresh directions for expeditious disposal.

 

 

 

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

The deadline given by High court to dispose the case by trial court is not completed.

You cannot jump into any conclusion now itself on the basis of your imaginary concept.

You have to wait for the proceedings to go on in the trial court.

Since you have already filed application seeking information through RTI act, you may wait for their reply.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

No need to make any further application in HC 

 

as mentioned earlier The CIC has clarified that leave records of other employees cannot be disclosed unless the applicant demonstrates a larger public interest in the disclosure. 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

Yes if the 2nd  appeal is dismissed then move to HC

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

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