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Rti related family court


aparna_world

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aparna_world

Hello,

There is one case going on in family court Mumbai.During the case when position for judge was vacant the stage for submitting affidavit was required to come on board. But it could not be happened. Then when new judge was appointed this stage was not come on board and court had skipped the stage and not allowed the lady to file her affidavit. so on this matter we had done RTI and asked family court to give reason for not allowing the lady to submit her affidavit and avidances . also we have asked why the court had not mentioned her stage on board after appointment of new judge ? in reply of RTI Now family court says I) as per section 13 b of high court notification dt 03.09.2009 they are not able to provide the detail II) INFORMATION INCLUDES OPINION, EXPLANATIONS ETC under section 2 of RTI ACT 2005 . But they says we can appeal to Principle judge of family court . so is these valid reason ? under which section we can ask this question ? This is not related directly to case , but it is related to court administration . so please guide .

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MANOJ B. PATEL

Yes, it is valid reason.

 

The definition of information, as it occurs in Section 2(f), lays down scope of the type of information an applicant can seek. The underlying idea is clearly that the Applicant’s entitlement for information is only in respect of the categories of information mentioned in Section 2(f) read with Sec.2(i) and (j). It is not open to an applicant to ask, in the guise of seeking information, queries to public authorities about the nature and quality of their actions. The RTI Act also does not cast on public authority any obligation to answer queries. Applicant’s right extends only to seek information as defined in Section 2 (f) & (j) either by pinpointing the file, document, paper, record or sample etc, or by mentioning the type of information as may be available with the specified public authority.

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RAVEENA_O

The remedy was to file an appeal against such decision before the appropriate court. RTI is not a tool to question the nature and quality of actions by the public authority.

 

As per Rule-10(3) of the Maharashtra District Courts Right to Information Rules, 2009, if the information sought by the applicant is in respect of judicial proceedings or record, he shall obtain the information as per the procedure prescribed for obtaining certified copies under the rules and orders for the time being in force in that behalf.

 

Similarly under Rule-13 of the said rules, following information shall not be supplied:

 

(b) information which relates to judicial functions and duties of court and matters incidental and ancillary thereto;

 

(f) information/copies with respect to cases pending in court, shall be obtained from court as per rules and orders in force for the time being.

 

Opinion and explanation etc mentioned in definition only mean such information held by and under the control of the public authority. What is not on record is not an information.

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