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ys_peace

Income Details of Spouse from Income Tax CPIO under RTI

Question

ys_peace

Hi,

I have filed one RTI through an online portal to get income details, Investment Details & Expenditure details of my wife which CPIO has denied information stating that third party information cannot be disclosed without the consent of my wife and she has strongly denied it in writing.

As I am fighting maintenance case and false dowry case in the court, it is very important for me to get atleast generic information like net taxable income of wife.

I am going to file 1st appeal under 19(1). I want to know whether I can request CPIO to provide atleast 'Generic information' like 'Net taxable income or gross income particulars of wife', looking at the sensitivity of the reason behind desire for disclosure of information sought and in the interest of justice? I mean can i change or reduce the information asked from 'complete details' to only net taxable income/ gross salary details.

 

Thanks

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Prasad GLN

As per Delhi HC Judgment, citizen has to seek such information through Court only, there is no way one can get that information of spouse. Now it is mandatory to file affidavit of income by spouses in these cases.

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ys_peace

Sir,

You are right that Delhi high court in Kusum sharma vs mahinder kumar sharma has stated for both the parties to submit affidavit. But, my wife has submitted false affidavit claiming she is a housewife and has no earning source which is abuse of law process.

Hence, I am hoping atleast to get generic information which I can see has been provided in some previous cic judgments.

So, my point is can i make a change in the information sought from income details, expenditure, etc to only provide net taxable income/gross income? is it permitted to slightly change in information sought?

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momita

Here is the various decisions in this regard posted at the website Husband & Wife Archives - RTI INDIA - Online RTI Portal. You may be interested in reading them.

 

Regarding change, there is no provision in the Act to do or not do so. Better is to file another RTI for any modification request.

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Prasad GLN

Once HC stated that a citizen can not seek information of spouse, CIC can not give a decision contrary to this, and it over rules all earlier CIC decisions. It is not possible to get this information under RTI. If she has filed misleading affidavit, ask your advocate for proper remedy. Certainly, RTI is not the remedy.

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Sunil Ahya

Is your spouse working for a public authority or a private body?

 

If she is working for a public authority then it is very easy for you to obtain information under RTI so as to prove that she is not a housewife but that she is a gainfully employed working person.

 

You can file a RTI application and seek information as follows:

 

Description of Information Required:

 

Please provide a photocopy of the following information in hard copy form in accordance with the provision of section 7(9) of the RTI Act:

 

1. A directory of the officers and employees working for your Public Authority in accordance and in compliance of the provision of section 4(1)(b)(ix) of the RTI Act;

2. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations in accordance and in compliance with the provision of section 4(1)(b)(x) of the RTI Act.\

 

Once you get the information requested as above, you can see the name of your spouse in the employees directory so obtained under RTI.

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