Law Trend: Delhi: Saturday,7 October 2023.
Recently, the CIC answered an important question that can husband seek income details of wife through RTI to verify evidence in maintenance case.
The Information Commissioner Saroj Punhani was dealing with the application filed by the husband for the income details of his wife through RTI to verify evidence in maintenance case.
In this case, the husband/Appellant sought the income-related details of his estranged wife to corroborate evidence pertaining to a maintenance case pending against him before the Court of Law. However, the information was by the CPIO under the garb of Section 8(1)(j) of RTI Act.
The bench looked into few cases such as Canara Bank vs. C.S. Shyam; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., and R.K. Jain vs. Union of India & Anr., where it was held that “personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is protected from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.”
Commission looked into the case of Vijay Prakash vs. Union of India wherein the Court observed“in private disputes such as the present one between a husband and wife …The basic protection afforded by virtue of the exemption (from disclosure) enacted under Section 8(1)(j) cannot be lifted or disturbed.”
In view of the above judgments the bench directed the respondent to inform the appellant about the generic details of the net taxable income/gross income of her husband held and available with the Public Authority for the period 2017- 2018, within a period of 15 working days.
In view of the above, the Commission directed the CPIO to provide only the “generic details of the net taxable income/gross income” of the Appellant’s wife for the specified time period as contained in the RTI Application to the Appellant free of cost within 15 days.
Case Title: Yash Malhotra v. CPIO
(Read/DownloadOrder/Judgement)
Recently, the CIC answered an important question that can husband seek income details of wife through RTI to verify evidence in maintenance case.
The Information Commissioner Saroj Punhani was dealing with the application filed by the husband for the income details of his wife through RTI to verify evidence in maintenance case.
In this case, the husband/Appellant sought the income-related details of his estranged wife to corroborate evidence pertaining to a maintenance case pending against him before the Court of Law. However, the information was by the CPIO under the garb of Section 8(1)(j) of RTI Act.
The bench looked into few cases such as Canara Bank vs. C.S. Shyam; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., and R.K. Jain vs. Union of India & Anr., where it was held that “personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is protected from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.”
Commission looked into the case of Vijay Prakash vs. Union of India wherein the Court observed“in private disputes such as the present one between a husband and wife …The basic protection afforded by virtue of the exemption (from disclosure) enacted under Section 8(1)(j) cannot be lifted or disturbed.”
In view of the above judgments the bench directed the respondent to inform the appellant about the generic details of the net taxable income/gross income of her husband held and available with the Public Authority for the period 2017- 2018, within a period of 15 working days.
In view of the above, the Commission directed the CPIO to provide only the “generic details of the net taxable income/gross income” of the Appellant’s wife for the specified time period as contained in the RTI Application to the Appellant free of cost within 15 days.
Case Title: Yash Malhotra v. CPIO
(Read/DownloadOrder/Judgement)
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