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  1. The 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! Wife income tax documents Learned counsel for the petitioner states that the information sought is crucial for the adjudication in the aforesaid criminal case pending against the petitioner. In support of his submissions, he relies upon the judgment of the Division Bench in Director of Income Tax (Investigation) and Anr. Vs. Bhagat Singh and Anr. in LPA No.1377/2007 decided on 17th December, 2007, wherein it has been held as under:- “………..It is for the appellant to show how and why investigation will be impeded by disclosing information to the appellant. General statements are not enough. Apprehension should be based on some ground or reason. Information has been sought for by the complainant and not the assessed. Nature of information is not such which interferes with the investigation or helps the assessed. Information may help the respondent No. 1 from absolving himself in the criminal trial. It appears that the appellant has held back information and delaying the proceedings for which the respondent No. 1 felt aggrieved and filed the aforesaid writ petition in this Court. We also find no reason as to why the aforesaid information should not be supplied to the respondent No. 1. In the grounds of appeal, it is stated that the appellant is ready and willing to disclose all the records once the same is summoned by the criminal court where proceedings under Section 498A of the Indian Penal Code are pending. If that is the stand of the appellant, we find no reason as to why the aforesaid information cannot be furnished at this stage as the investigation process is not going to be hampered in any manner and particularly in view of the fact that such information is being furnished only after the investigation process is complete as far as Director of Income Tax (Investigation) is concerned. It has not been explained in what manner and how information asked for and directed will hamper the assessment proceedings.”
  2. Central 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. More over information about the rental agreement between the wife of appellant and some other person has nothing to do with general public. The notary extract about that private transaction, fee paid to notary and receipt for fee is also not concerned with any public activity. Only when there is a complaint that notary is extracting huge amount from clients, seeking the copy of receipt, could be a considered to have relation with the public activity. CIC noted that the private information of persons unconnected with public cannot be ordered to be disclosed. Especially when a husband, being an accused and respondent in several criminal and civil cases, filed by his wife, is repeatedly misusing the RTI to extend harassment to court officers and the Commission also, then, the exempting provisions of information law cannot be ignored. Except extract of notary register, which is a public document, nothing can be given to the petitioner. If notary register deals with a transaction between two private persons, that also will be a private information if it does not relate to public activity. The Decision can be read here! You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  3. [caption id=attachment_36" align="alignleft" width="300] Husband wife and third party clause under RTI[/caption] 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. During the hearing, the appellant forcefully contends that the 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. Besides, disclosure of requested information would not compromise the safety and security of the persons concerned. Nor would it compromise the confidentiality of information. The main legal issue raised by the appellant in the hearing held under reference is that the CPIO was not right in following the procedure prescribed u/s 11(1) of the RTI Act as he was not seeking third party information. It is pertinent to mention that in his representation, the appellant has questioned the induction of Smt.Monica Sharma, his wife, as 49% partner in the Narinder Gas Agency by HPCL on 22.9.04 and finally declaring her to be 100% owner of the said gas agency in August 2009. On the other hand, Organisation has stated that the appellant, indeed, has sought third party information and the procedure prescribed u/s 11 has been correctly followed. The appellant has raised a legal issue. Husband wife and third party clause under RTI The commission stated that " Suffice to say, even if the facts stated herein above are cent per cent correct, the question remains whether this Commission has the jurisdiction and authority to question the decision taken by HPCL. My emphatic answer is ‘No’. Whether or not, the appellant herein was more qualified than Smt. Monica Sharma for proprietary rights in the gas agency in question had to be decided by HPCL which it did. The decision taken by the HPCL cannot be questioned before this Commission. The relief lies elsewhere. Given the fact that Smt. Monica Sharma is 100% proprietor of the said gas agency, information sought by the appellant can legitimately be said to be third party information, justifying application of section. The fact that the appellant is the husband of Smt. Monica Sharma 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. 4. Now the question arises whether the requested information should be disclosed to the appellant. I would answer this question in the negative as the third party had not agreed to the impugned disclosure. Even otherwise, I find it rather strange that the appellant, being the husband, is seeking information regarding the gas agency of his wife, particularly when his father failed in his endeavours in this regard, as held by this Commission in order dated 26.12.12 (F.No.CIC/LS/A/2012/002287). Looked at from any angle, the appeal must fail. Dismissed." Kindly read the numerous discussions at out forum regarding Third Party Information under RTI
  4. RTI 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." Marital Disputes and RTI Section 8(1) (g) The Commission did not accept the grounds taken by the respondents for denial of information under Section 8(1) (g) of the RTI Act. The Commission directed SP & PIO of UT of Pondicherry to provide the information sought in the RTI. Earlier Shri V. Ayyappan, the RTI Appellant sought a copy of the complaint, filed against him by his wife in the Police station at Puducherry with the copy of enquiry report and copies of the statements given. PIO on 24.10.2012 refused to give information stating therein that the information could not be provided under the provisions of Sec 8(1)(g) of the RTI Act as disclosure of the same may endanger the life or physical safety of the appellant’s wife who resides in Puducherry. The case citation can be downloaded from the CIC website here: V. Ayyappan Vs SP UT of Pondicherry You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  5. rtiindia

    Can RTI break the 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. The approach of the respondent bank was in conformity with the RTI Act and CIC upheld the decision of FAA. Can RTI break the wife locker Earlier in the decision posted at our law segment titled "Husband wife and third party clause under RTI", the CIC has ruled that Husband and Wife are separate legal entity therefore Husband wife and third party clause under RTI are applicable. Kindly read the numerous discussions at out forum regarding Third Party Information under RTI (Vijai Sharma) Information Commissioner Decision No.CIC/VS/A/2012/001753/05738 Appeal No.CIC/VS/A/2012/001753 Dated: 31.12.2013 Appellant: Shri Sameer Bhandari Respondent: Public Information Officer, Syndicate Bank, Regional Office, SCO 76­77, Sector­ 17­B, Chandigarh ­160 017. Decision link: http://rti.cc/7l
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