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Court allows wife income tax documents for cross examination

wife income tax documentsThe information about his wife income tax documents probing for the alleged income and expenditure during the wedding was denied under RTI. However, as his wife has filed FIR under section 498A/406 IPC, Delhi High court allowed access to the document considering that as the criminal proceeding filed by the wife is still pending and her cross-examination is not complete, the husband can cross examine her with regard to her income-tax returns and/or the husband can file an appropriate application for production of the relevant income tax records.

The information sought by the Husband in reference to wife income tax documents regarding action taken report in reference to his letter was rejected on the ground that information sought is exempt under Section 8(1)(j) of the Right to Information Act, 2005 (for short ‘RTI Act, 2005’).

The decision of the high court can be read from our wiki segment here! Read more ›




Cantankerous appellant must be asked to pay costs to the public servants

third-party-wifeCentral Information Commission came down heavily on RTI applicant for filing several frivolous and repeated applications with sole aim of harassing his wife without caring whether any public loss is being caused in the process. “he has misused RTI to run a parallel trial along with the trial in courts of law.”- CIC

More importantly, however, was the observation that the First Appellate Authority (FAA) disclosed information about his wife without applying the third party clause as under Section 8 (1) (j) that prohibits the private information not related to any public activity. Earlier also we have brought this issue on our blogs, you can read them here!

The RTI applicant has sought details of Notary Register of his wife. On the first appeal against the CPIO, Department of Legal Affairs, First Appellate Authority (FAA) gave the decision to disclose the information.The FAA noted that notary is the third party, but did not ask CPIO to follow the procedure to obtain views of the third party, Notary. Strangely the FAA has ignored the fact that it was not just the Notary, but the wife of appellant and owner of the house who leased are also third parties. Read more ›




Marital Disputes and RTI Section 8(1) (g)

marital disputes and rtiRTI applicant wife filed complaints against the RTI applicant in not one but two police stations. The Puducherry police refused to give the copy of a complaint by the appellants wife and inquiry report, on grounds of physical safety, by invoking exemption under section 8(1) (g) of the RTI Act. Central Information Commission while hearing the case recorded that “as to how the physical danger to the wife’s safety is enhanced by the appellant knowing the contents of her complaint, since the substance of her charges is already known through the contents of the complaint filed in another police station made available to him through another RTI Application”. If you want to file RTI Online, do read our guide on how to file RTI online here!

Further, CIC observed that “Since the inquiry by Puducherry Police is over and the Complainant is signatory to the letter by the both parties for approaching the family court, due to which inquiry was closed- clearly strengthens his claim to get a copy of the documents. The inquiry is also not required in other cases.” Read more ›




Can RTI break the wife locker

wife locker

CIC refused attempt by husband to get hold of information about his wife’s locker. Earlier the Public Information Officer (PIO) and First Appellate Authority (FAA) has denied the information citing section 8(1)(d), (e) and (j) of the RTI Act, as he is the third party.

The appellant referred to his RTI application of 02.05.2012 and stated that he is seeking information regarding the operation of his wife’s locker. The appellant stated that he has strained relations with his wife. The appellant stated that he wanted to know on what dates and how many times, the locker was operated by his wife during a certain period. The appellant stated that he also wants statement of savings bank account and details of fixed deposits till date. Read more ›




Husband wife and third party clause under RTI

Husband wife and third party clause under RTI

Husband wife and third party clause under RTI

Husband wife and third party clause under RTI
CIC has ruled that as Husband and Wife are separate legal entity therefore Husband wife and third party clause under RTI are applicable. In the second appeal an applicant has pleaded that procedure of section 11 of the RTI Act should not have been followed in this case as the requested information does not concern third party and he is asking for information about her wife only. the CIC has ruled that the fact that the appellant is the husband does not alter this legal position as the husband and wife are two separate legal entities in law. I, therefore, hold that CPIO was right in invoking Sec.11(1) of the RTI Act. Read more ›




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