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Medical details of wife through rti

(Querist) 20 October 2017 This query is : Resolved 
This query is dated 09 September 2017 and has been resolved.

Hello Sir,

I am Naveen Kumar and I am 30 years old. I am working in central government PSU. I joined my job in beginning of 2016 and married in mid of 2016. Before that I was working in private sector.
My wife has bio-polar disorder problem which I came to know later. Actually she was taking medicine for this since last 10 years. But this fact was not disclosed to me at the time of my marriage. We have a child now. Before delivery of my child my wife was ok. As we are living separately my wife used to sleep in day and managed to get up in night if required. But after delivery of baby problem of my wife increased so much, so she can’t manage to sleep in the day because of responsibility of child but she has developed habit of sleeping in the night but problem is that If she do not sleep in night she got irritating and frustrated. I have consulted doctor for treatment of my wife but he said this is lifetime problem.

Due to this I have to take care my child in night. This habit has developed as a matter of routine as 7-8 months have passed but there is no change. After coming from office I find it very difficult to get up in the night. I am very upset because it is affecting my work as well as my life very badly.
I am thinking of filing for divorce. So I want to ask following:-

1. Can I file divorce based on above problem of my wife.
2. Can government employee re-marry?
3. Will I have to pay the maintenance charge as it is not my fault that she facing the above problem, b’coz if my wife family had disclosed my wife problem I wouldn’t have married her.



The above query is resolved
Hello Sir(s),
Now in continuation of above query I want to know can I get full medical history of my wife which was treated in government hospital since last 10 years through RTI or any other mode. Actually my wife has taken all medical related documents to her father home in my absence so that I cannot get any evidence. Now these documents are under his father control. I asked her to get back the documents but she said I cannot take them as they are kept in with my father. I asked her father to give me the documents but he said they been lost.

Please advice.
Rajendra K Goyal (Expert) 20 October 2017
You asked:
1. Can I file divorce based on above problem of my wife.
Reply:
Court may not allow divorce on the given ground.

You asked:
2. Can government employee re-marry?
Reply:
No, without divorcing first wife.
Rajendra K Goyal (Expert) 20 October 2017
You asked:
3. Will I have to pay the maintenance charge as it is not my fault that she facing the above problem, b’coz if my wife family had disclosed my wife problem I wouldn’t have married her.
Reply:
If she is not earning, you have to pay maintenance for her and the child.
Rajendra K Goyal (Expert) 20 October 2017
You asked:
Hello Sir(s), Now in continuation of above query I want to know can I get full medical history of my wife which was treated in government hospital since last 10 years through RTI or any other mode.

Reply:
Personal information of other individual cannot be provided under RTI.
Dr J C Vashista (Expert) 21 October 2017
Bio-polar disorder is not a ground (disease) for divorce. After marriage it is your moral, social and
legal responsibility to take care and provide necessary treatment and support.

If you intend to take a chance/adventure to file a suit for divorce you should be prepared for payment of maintenance to your wife and child beside legal expenses and lawyer's fees for contesting imminent/avoidable multiple case(s) litigation(s) initiated by your wife herself as well as on behalf of child, besides buying mental tension, harashment and torture.

Consult a local lawyer for multiple questions, guidance and proceeding in a professional manner.
Guest (Expert) 21 October 2017
I totally differ with Mr. Rajendra K Goyal on the issue of medical record through RTI. May that record pertains to your wife, but being your own wife and life partner, you are fully entitled to know the medical conditions of your wife. Even if the hospital denies you the medical history of your wife, you will ultimately be successful to gain access on the likely order of the CIC or the area court of law.
Guest (Expert) 21 October 2017
I agree with the opinion of Dr. J.C. Vashista.
Guest (Expert) 21 October 2017
I also differ with the views of Mr. Rajendra K Goyal on the issue of medical details through RTI. I am in agreement with the views of Mr. Jigyasu.


Rajendra K Goyal (Expert) 21 October 2017
Agree that the Chief Information Commissioner (CIC) decided on April 10, 2015 in Case No: CIC/KY/A/2014/001348SA Ms Jyoti Jeena v. PIO, Institute of Human Behaviour & Allied Science, that the wife-applicant is entitled to get copies of the medical records of her estranged husband.

Advice amended accordingly.
Guest (Expert) 21 October 2017
@ Rajendra k Goyal,

Wise step on your part to admit your mistake about wrong advice by amending your reply.
Naveen (Querist) 24 October 2017
I thanks all of you for your valuable suggestion.
Thanks a lot......
Guest (Expert) 24 October 2017
You are welcome.
.........


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