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Found 66 results

  1. Sir, my wife filed 498a, and maintainance case saying that she has only passed intermediate not having graduate degree. But i know that she is graduated from kolkatq university. Can i get her graduation certficate throgh rti or any other means..plz help me to get her graduation marksheet or certificate.
  2. Details of salary of the employee working in (Govt./Public sector) can be given. Can the details given below of husband/wife who are living separately be given to either of the spouse? 1) Copy of the pay slip (Can be given or not) since it contains many other details other than salary like loans & advances taken which are personal to the employee. 2) Details of Investment made in a new flat by wife/husband who are working in (Govt./Public sector) & how it is made? Since assets are declared in the office where he/she is working ? 3) Whether consent needs to be taken from the employee for providing his/her details to husband/wife before divorce?
  3. My husband is a Railway Loco Pilot in Western Railway posted at Porbandar (Date of Appointment Dec,2010), we got married in 2011 and have a 5 years baby kid. But My husband didn't mentioned these Family Declaration in his Service record, even he is hiding is marital status in service record. Tell me how to pressurize him to put the Family declaration in Service Record, so I and our kid will entitle for Railway benefits like Pass, Medical etc,. Also tell me what charges my husband will be entitle for hiding these facts in his service records. What related rules should I know and tell me which rule he falls? Thanks Anuradha
  4. Sir, I am in clerical post in sbi and my husband as an officer in dena bank. Pl provide me guidelines for transfer policy. Thanks!
  5. Hi, My wife who has filed for divorce is working in firm and is taking monthly maintenance even though she is earning. Now to get the details of the PF amount deducted form her salary can I ask the PF office to give her details. She is claming maintenance that she has left the job. Rgds,
  6. Dear All, Please let me know if Wife can ask for Husband's Service Book and please let me know what are the RTI Case Laws that I can quote when asking for the same. What are the enclosures/photocopies that one has to submit along with RTI application to show that she is the wife of so and so husband whose service book is sought. Thanks in advance. S and B.
  7. Hello, Dear erudite members. Good day. Wife has filed a 498a case with CAW cell Harayana. Police have done three ..four mediations, NO development, wife wants millions, husband Can't pay. Complaint is now 2 months old, NO FIR has been filed !! Hubby requested complaint copy many times to police officer, he was refused, hubby filed RTI asking for complaint copy (JUST COMPLAINT as NO FIR is filed so far) RTI has been refused under secion 8(h) - investigation pending Now the question is how to get complaint copy \ THRU RTI or even without filing RTI , but by legal / straightforward means MANY THANKS for your time and valuable answers regards Subu PS : I searched this forum before posting, most question are answered about FIR being a public document, BUT I am taking of complaint copy !!
  8. Hello, This is rohit,I am middle class businessman ,recently I came across the judgement by the CIC regarding access of Spouse Income details I need to check my estranged wife's income details to prove her self dependency and financial stability.These details will help me to defend myself against the false dowry and domestic violence cases she had filed against me.This will also help me in negotiating the maintenance claimed by her. So to know this,how to and whom to approach. Can anyone guide me the process to be followed in this. Eagerly waiting for the informative responses. Thank you
  9. By Madabhushi Sridhar at Thehansindia.com on February 10, 2015 Right To Information Act - The Hans India Family as a unit cannot survive if the husband and wife differ and dispute. When marriage is on rocks, communication suffers and information is not exchanged. Without information the reconciliation or resolution will be impossible. Several times the estranged spouse seeks to know from the other several things which either to establish the allegation or innocence. More than this maintenance is the issue which demands knowledge of income, investments, assets and liabilities. The question is can law extend privacy between spouses or espouse exchange of monetary information? When right to information clashes with privacy of individual, the deciding factor is the public interest. If the family is fizzling out, justice demands decision on maintenance. Information is basic requirement. As the maintenance is part of life, this basic right covers the information too. The income information cannot remain within the walls of secrecy under the name of privacy. Though the salary information of public servant is public information, his bank accounts, income tax returns, loans and deductions were held to be private and personal through judicial pronouncements and CIC verdicts. That remains the same except for married couples. When everything goes well, none claim privacy. As need to information arises in dispute, the fight for secrecy intensifies. The right to income-related-information has evolved from this context. The Delhi High Court saw greater public interest in exchanging the information voluntarily between disputing spouses. It is not just right of wife to know the income details of husband. It is vice versa too. This RTI is also not confined to public servants. Though the RTI Act did not give RTI to spouses in private service, the Delhi High Court insisted filing of affidavits explaining several monetary details. On the jurisprudential basis of this landmark judgment, the RTI between spouses is extended to cover income, assets, investments, liability and status of spouses ‘voluntarily’. In a significant second appeal I have held that right to information between spouses extends to information about income, investments and assets. It is pathetic story of Prashansa Sarma, who was allegedly starved, deserted and denied the maintenance. She sought to know details of husband’s property including that were given in dowry and action details for attempting to commit bigamy, etc. She questioned the way PIO washed-off hands on lame excuse of ‘sub judice’. She wanted to know why there was no inquiry against him for dowry demand, dual employment, domestic violence, making of her MMS while changing dress, etc. She questioned non-furnishing of annual property returns, not taking action for suppression of information about Hyundai car, Rs 50 lakh worth gold etc in his annual returns. The First Appellate Authority did not apply mind at all and simply rejected the appeal. The Rule 5 of Central Civil Service (Conduct) Rules expects the Conduct of Government Servant in relation to the proper maintenance of his family. It has been held that neglect by a Government servant of his wife and family in a manner unbecoming of a Government servant may be regarded as a good and sufficient reason to justify action being taken against him under this rule. It is the legal right of spouse to claim maintenance. The rule says that department cannot make the employee to maintain his wife, but it does not mean that departmental action cannot be initiated against him for neglecting his wife and family as clearly stated under Para 2 of the above rule. Acceptance or demand of dowry by the public servant is misconduct. The CCS Rules do not allow a married Government employee to advertise for bride before divorce. Section 4(1) (b) of RTI Act, imposed a mandate to disclose among other things the salary of the public servants. To that extent i.e., income as salary of public servant is not personal or private information. Spouse or any other person can ask for it. Some documents like IT Returns, pay-slip which explain deductions and loans were declared as personal or third party information. In Kusum Sharma v. Mahinder Kumar Sharma (FAO 369/1996 decided on January 14, 2015), Delhi High Court directed both spouses to file affidavits about their income, assets and investments and listed out the documents to be attached including certain documents which were earlier held to be personal or third party information. The long list includes information about salary, income from business, earnings since marriage and income from other sources, assets like immovable and movable properties, investments including bank accounts, demat accounts, cash FDRs etc, stocks, LIC policy, gadgets, household appliances, gold and silver etc, liabilities like loans, details of expenditure and general information regarding standard of living and lifestyle and educational or professional qualification including details of occupation was no more personal between the spouses and each spouse should have right to access it. This information about assets, income and investments of spouses is no more private or personal as against spouses. Though such information could be personal or private as against any person other than spouse, the proviso to Section 8(1) (j) read with Section 8(2) of the Right to Information Act entitled the appellant to get such information because of overwhelming public interest in securing the lives of deserted wives. The rules are: a. The spouses have right to information between them. b. The husband of appellant has a duty to provide all that information to his wife based on rights of marriage as per family law. c. Certain documents like annual returns of assets, investments, IT returns etc are not private or personal or third party information, especially for maintenance purposes. d. The PIOs cannot reject the spouse’s request for such information on the ground of Section 8(1) (j) saying it is personal information, because the protection of privacy is overridden by the huge public interest in maintaining wives. The larger public interest in maintenance of wives and children, prevention of domestic violence, etc., demands its disclosure. e. The income-related-information becomes the life related information when wife is not being maintained, and that should be given within 48 hours according to proviso to Section 7(1) of RTI Act, 2005. The PIO and the husband of the appellant were summoned to explain obstruction, delay and denial of information.
  10. sir i have red your advises on how to get Complaint copy filed by wifes, thanks #WifeRTI
  11. victlm

    Wife salary Slip

    Hello seniors I am facing false 498a/DV and my wife is asking for maintenance even though she is working in a top notch IT company.I want to pull out her Salary/EPF/Tax records. Is it fair to use RTI and get all these information ? I am too new and mentally frustrated,can someone please provide me direction and help out. Any RTI activist from Pune,please ? Thanks Victlm
  12. Sir, I want to get the circulars for the general transfer policy in practice, in the STATE BANK OF INDIA. I, further , want to know, if there is a provision for the employee- whose spouse is working in central / state government services. Ajaykumar Vakhariya
  13. Hi, I want to know my wife's income who works in Bank of Baroda as MMG-II scale manager. Can i file RTI to get her income? If yes then how? Please suggest me as soon as possible. Thanks
  14. In a matter related to disclosure of Income Tax details of a spouse, the CIC has ruled that a spouse cannot be treated as "third party" as long as the marriage subsists: It appears to me that there is estrangement between the husband and the wife. The wives generally try to collect this information for canvassing their cases in the Family Courts for grant of maintenance. A wife can not be treated as third party in the strict sense of the term, so long as the marriage subsists. However, after divorce, the legal position changes. I am told that marriage still subsists between the appellant and Shri Shobhit Garg. Hence, it will not be correct to deny information on the ground that the appellant is a third party. In the given facts, I order that gross income and net taxable income declared by Shri Shobhit Garg in the last ITR filed by him, may be disclosed to the appellant. No other information is required to be disclosed. Full order is attached to this post. Spouse not a third party if marriage subsists.pdf
  15. Sir, Case of Husband and wife is pending in Hon,ble high court for divorce. Wife is a Govt Teacher and husband has no job. Now Husband has submitted an application to the PIO to give salary details of his wife. I mean total salary per month that the lady is drawing. Sir, as a PIO should I provide her salary details to her husband ? Please guide me. Regards. Malan
  16. hi this is rajendra i need to know details of MNC employee -salary,pf etc,need for his wife's visa,can we get ? the wife stays with her parents and the gentleman is not providing any such details,can we get some guidance?
  17. Kindly reply to my given below questions. Its urlgent. Thanks Do the wife has right to get the salary certificate of her husband working in a private sector for her maintenance? If private sector company deines to provide salary certificate then what she should do? Do the wife has right to get the PF(From GOVT) detail of Husband working in a private sector?
  18. Dear Sirs, I am facing the heat of 498A/PWDVA/125Crpc cases.In DV case,it has been averred that her father and sister are spending approx Rs.35K per month on her maintenance.now her sis doesn't have any known source of income but has 2 flats in her name.Ostensibly the money has come from sister's husband's unaccounted income.as this guy works in an PSU i want to file RTI to know his Income/IT details as also the details of the father who claimed to have spent money on marriage disproportionate to his known source of income /present income through Pension.Pls help with you inputs .
  19. jasmine_dhingra

    About Salary Details

    If any person want to get our salary details for the last 2-3 years. can we provide this information to applicant or this information is covered under section 8(1)(e) fiduciary relationship. Please tell me if we cannot provide the information instead of 8(e) then provide the judgement for the same
  20. Hi My wife has filed a case of maintenance in court under crpc125 saying that she is not working. I have information that she is working as teacher on contract in delhi govt school. Can I get the details of her salary with Bank account number and bank name from the PAO (pay account office) throught RTI? If yes, can someone provide the draft of RTI. Thanks Shani
  21. smahmed

    RTI for wife's salary

    Sir as my wife is working as a govt teacher and employed since five years and she is claiming maintenance of rs1000 per month kindly help me to get the salary of her to close the monthly maintenance of wife
  22. Is it possible to get 'salary certificate', not salary details,of some other govt employees under RTI Act 2005? I heard that Salary certificate is generated document as per the request of employee and hence it is not possible to get through RTI Act. If so, I would like to know which ruling? Pls help!
  23. Dear All An application seeking information under RTI Act regarding the annual gross income details of the Deputy Manager was made to PIO of TNPL. It was declined on the ground that it is of personal nature and that it would not be revealed to a third person without the authorisation of the employee concerned. On appeal, State Information Commission held that the information must be given immediately. The Deputy Manager, aggrieved filed writ petition to quash the order of Commission contending that the information relates to personal information and the disclosure of which has no relationship to any public activity or interest and it would cause unwarranted invasion of the privacy of a person. High Court observed that under Section 4 (x) of RTI Act public authority is obliged to maintain all its records and has to publish the monthly remuneration received by each of its officers and employees, including the system of compensation. Further under Sub-section 2 the public authority should provide this information suo motu through various means of communications. High Court therefore, held that public authority was under a statutory obligation to make available the information relating to the monthly remuneration received by each of the officers and employees. In fact, it is not necessary for any person to seek this information if TNPL had discharged its obligation under Section 4. The High Court held like this: “6. The next objection is with relation to the nature of information sought for. Section 4 of the Act deals with the obligation of the public authority to do the following: (a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated. (b) publish within one hundred and twenty days from the enactment of this Act,-- (i) .. (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (ix)... (xvi) the names, designations and other particulars of the Public Information Officers; Sub-section (2) provides that the public authority should endeavour constantly to provide this information suo motu at regular intervals through various means of communications including the internet. Subsection (3) provides that every information should be disseminated widely and in such form and manner which is easily accessible to the public. Subsection (4) provides dissemination of information by taking into consideration the local language and cost effective method of communication. 7. Section 8 of the Act reads as follows: Exemption from disclosure of information.- (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,-- (a) ... (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. It is clear therefore, that TNPL was under a statutory obligation to make available, interalia on the internet, the information relating to the monthly remuneration received by each of the officers and employees including the system of compensation as provided in its Regulations. It is obvious that TNPL has not done so. In fact, it is not necessary for any person to seek this information if TNPL had discharged its obligation under Section 4. The information would have been available on the internet to any person who is interested.” High Court also rejected the other objection that it is a personal information which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of a person. The petitioner receives his salary from a public sector undertaking and it is subject to the provisions of Income Tax. Therefore, there is nothing secret about the income received by him. Further it also cannot be stated that the disclosure has no relationship to any public activity or interest. The income received by an individual from a public sector undertaking cannot be private information. The High Court held: “8. As regards the objection that it is a personal information which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of a person, this deserves to be rejected. The petitioner receives his salary from a public sector undertaking and as stated in the counter filed by the respondents 2 and 3 it is subject to the provisions of Income Tax. Therefore, there is nothing secret about the income received by him. Further it also cannot be stated that the disclosure has no relationship to any public activity or interest. The case of the fourth respondent is, if this information is disclosed it would show that the petitioner's wife would not satisfy one of the criteria subject to which the LPG distributorship is allotted. This allotment of distributorship cannot be arbitrary and contrary to rules and if there is some factor which would vitiate the selection process, then it would definitely be a matter of public interest. In any event, the income received by an individual from a public sector undertaking cannot be private information. Information relating for example as to whether a particular person is tested HIV positive might be a matter which intrudes into the privacy of the individual, but not the monthly income which a person is receiving from a public sector undertaking which is subject to income tax. 9. The other objection raised is that, as on date the writ petitioner has resigned from TNPL and therefore, the information that is now sought for would not be the information relating to an employee, but an erstwhile employee. This objection cannot be entertained because the petitioner was an employee of TNPL when he filed the writ petition. He obtained stay. During the currency of stay, pending the writ petition, he resigned and he cannot now take advantage of that fact. The matter will have to be dealt with according to the status of the petitioner on the date of application and on the date of the impugned order. The decision to allot the distributorship will be tested according to the circumstances that prevailed on the date of decision. 13. One of the objectives to this right to information is eradication of ineffective governance and corrupt governance. Corruption is now recognized as violation of human rights. Good transparency practices are essential for good governance and it includes maximum disclosure; obligation to publish; promotion of open government; limited scope of exceptions; minimum costs; processes that facilitate access; open meetings; precedence of disclosure; and protection of whistle-blowers. The civil society must be unrelenting in its efforts to ensure that the government at all levels reaches a reasonable standard in affording public information to the citizens. Sometimes even harmless information is not made available. When what is asked for is just ordinary data, data that any interested tax-paying citizen has a right to know - a human right, even where no national secrets that threaten public interest are asked for - it is not furnished. This access to information is more vitally important in developing countries. It is very necessary that the ordinary person is enabled to participate in the processes that affect daily life and he has empowered with the information to play an effective role in policy-making and legislative decision-making. To promote broader political participation, there should be accountability and transparency of government, to prevent the criminalization of policy, there should be free flow of information. These are the reasons why the Act came into force. The Government should have the will to make the shift from being niggardly in providing access to information. Transparency is essential for a healthy democracy and robust economy. The first respondent was right in directing that the information should be given.” ***
  24. Can i get my wife's medical records through RTI Act. if not, what circumstances I can't.
  25. drnaimnyazi

    Correct my RTI Application

    Dear Experts, Please correct my RTI application to College PIO, asking for the detail of my wife regarding her job and salary and EPF no. To, The Public Information Officer Subject: Request for information through RTI Act 2005. Sir, Appellant wish to inform your kind perusal that, my wife Smt XXX D/O XoXo, Resident of ---, have filed a Domestic Violence case, where she is asking for maintenance against me, in which she have claimed that, “she is not working anywhere”, as per my information she is very well working asTeacher---. Apart from above Smt. XXX D/o Shri XoXo, had lodged a FIR against me and my family, under section 498a/323/34/ 406 of IPC and DP Act 3 /4. In view of above I humbly request you to furnish me the following information through the RTI Act 2005, in the interest of justice. 1. Kindly provide me the details of Smt XXX D/o XoXo, in which Department of ---- she is working. 2. Kindly provide me the Date of Joining and the latest Salary Slip with details along with Employees Provident Fund Number if any. Request / Relief sought 1. The Domestic Violence case (PWDVA2005) for maintenance is registered in Hon’ble Judicial Magistrate First class court (JMFC) of ----. 2. The criminal cases under section 498a, 323, 34, 406 of IPC and DP Act 3 /4. Is registered in Hon’ble Judicial Magistrate First class court (JMFC) of ----. 3. The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court. 4. The disclosure of financial details, mainly earning & employment details of Smt XXX w/o YYY would surely help me to show my innocence in court. 5. The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided. 6. BECAUSE, With Reference to CIC Decision No CIC/SG/A/2009/000106/3889 27 June 2009 in the case of Deep Public School D2, Vasant Kunj, New Delhi (The Commission has perused the information and does not see any merit in the exemption claimed under Section 8(1)(j) by the Chairman of the School-the third party. In view of this the information will have to be provided.) 7. BECAUSE, with reference to CIC Decision No CIC/AD/A/09/00366 Dated 4th May,2009(In this case Wife/Appellant asked certified copies of all documents of passport file including marriage certificate and application form as submitted in passport office. CPIO denied as per sec 8 (1)(j) CIC directed CPIO to provide information with remark Information being sought is not a thirt party information since the appellant is seeking information about her legally wedded husband. 8. BECAUSE, with reference to CIC Decision No 3774/IC(A)2009 F. No CIC/MA/A/2009/000102 Dated 18th March,2009: ( In this matter wife asked information about her husband’s medical expenses, service record etc CPIO denied citing section 8 1(J) . Honorable IC M.M.Ansari directed the CPIO to provide all information citing Since appellant is legally married wife with a child and has asked for details about her husband, there is no justification in withholding any part of information to the appellant as it would assist in resolving the issue by the competent authority As long as couple is not legally separated refusal to share information ...is untenable. 9. BECAUSE, with reference to CIC Decision No 1816/IC/(A)/2008 F.No. CIC/MA/A/2007/00583 Dated 10th Jan, 2008(In this matter husband asked PF detail of wife. CPIO denied citing section 8(1)(j) .CIC directed CPIO to provide information to husband with remark The appellants financial interest is affected in the matter, as he is seeking legal relief from the court. 10. BECAUSE, with reference to CIC Decision No 2993IC(A)/2008 F. NO. CIC/MA/A/2008/00866 Dated 5th Aug. 2008 (In this case Wife asked whereabouts/residential Address of her husband working in ONGC,CPIO denied citing sec 8(1)(j) .CIC directed to provide information. Initial fee of Rs10/- in the way of Postal Order of Rs10/- has been enclosed with application as prescribed under Right to Information Rules 2005. It is requested that, the applicant is a citizen of India, would like to receive the above said information at most urgent on the address mentioned below. For any clarification contact undersigned at, Mobile No: ---------- or at address given below. It is submitted that, the above information pertains to your esteemed office in your statutory capacity as PIO under section 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005. Undersigned is ready to pay processing fee (if any) required to furnish above said information. Now, at the end, I may reasonably expect that, honourable PIO will honour the decisions of CIC as stated above while making decision on this RTI application so that, at least the wastage of time of higher authorities in further proceedings and Legal hassle could be avoided in appeal while discussing the same matter. Date: With Best Regards, Place: YYYY Address: Contact No: ------ Email ID: -------
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