Right to information

This query is : Resolved 
 

(Querist)
15 April 2018

Under RTI act, can the concerned Information Officer provide information to a Wife about her husband's assets??


Ms.Usha Kapoor (Expert)
15 April 2018

No, If you are Public Authority you are obligated to provide required information to citizens under RTI act. If wife and husband are private persons and wife in her private capacity asks the PIO to provide information about her husbands assets they would not provide. But if husband is working in a Government Department and wife requires information about husbands assets the PIO would be obliged to provide information about her husbands assets.to the extent of his knowledge.

JIGYASU: Legal Analyst (Expert)
15 April 2018

Ms. Usha Kapoor's advice is absolutely contradictory and wrong.

At first, she said no. Thereafter she stated that as a public authority, you have to supply the information under RTI. Still further, she says that if the husband and wife are private persons, you have to provide the information. Question arises, since when the RTI Act made applicable for the information of private persons and from where the public information would get such information about the private persons for supply. Not only that, she still further added controversy by stating, "if husband is working in a Government Department and wife requires information about husbands assets the PIO would be obliged to provide information about her husbands assets.to the extent of his knowledge." In her four lines' advice, she changed her stance four times.

However, if you are a PIO you cannot supply the private information of the husband under RTI without his specific permission to her husband. It is for the husband to keep his wife informed or not of his assets.

Dr J C Vashista (Expert)
16 April 2018

1. Well analysed and opined by expert Mr. Jigyasu, especially about the response of an "impersonating" expert, I endorse it.
2. Facts posted are insufficient to form an opinion, however, based on limited facts my opinion is that third party information can not be provided by the PIO/ SPIO without prior permission of concerned person i.e., about whom the applicant has sought information.

Dr J C Vashista (Expert)
16 April 2018

How does the wife (applicant) is concerned to know assets of her husband routing through the provisions of the Right to Information Act, 2005?
Whether PIO has list of assets owned by the husband of applicant (wife) ?

JIGYASU: Legal Analyst (Expert)
16 April 2018

@ Dr. J C Vashist,
Sir, she always thinks on different lines sans law of the land. She seems to make her own laws. In fact, law and practicability is beyond her reach. She copies anything from Google search and post for anything even without understanding the question, what to say of law.


N.J.S.Rajkumar alias narasimha (Expert)
16 April 2018

To Whomsoever It may concern ----- Offensive Propaganda ------------- The Women Prohibition Act 1986 prohibits any individual or organisation to publish or help post ,publish , exhibit or advertise online or offline any kind of representation of women that can be considered as indecent.

R.Ramachandran (Expert)
16 April 2018

According to THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986
(c) “indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals;

JIGYASU: Legal Analyst (Expert)
16 April 2018

To whomsoever it may concern ----- Any expert taking cognizance of the exposure of a false and misleading advice of some fake expert to deceive the innocent query make, as an offensive propaganda against her, may take the lead to issue notice to me and file a case against me instead of trying to blackmail me or to provoke that lady against me.

Alternatively, if she considers herself to be a legal expert, she may also take action against me, but should also be ready to get prosecuted for her false representation, as legal expert.


Ms.Usha Kapoor (Expert)
16 April 2018

Let us take the example of divorce and maintenance proceedings of wife. Husband is working in a govt organization. He doesn't tell her his salary and other details. so as to avoid maintenance and alimony.

Ms.Usha Kapoor (Expert)
16 April 2018

In such case wife can send RTI query to PIO of that Govt organization and gets to know about his/husband's salary details through his salary slip sent by PIO.Regarding husband's other Assets he may not be having any idea. She has to engage a detective agency if she has resources.PIO has knowledge only about husbands salary.She can check his IT returns also wherein he declares all his assets if he is honest.

Ms.Usha Kapoor (Expert)
16 April 2018

In such case wife can send RTI query to PIO of that Govt organization and gets to know about his/husband's salary details through his salary slip sent by PIO.Regarding husband's other Assets he may not be having any idea. She has to engage a detective agency if she has resources.PIO has knowledge only about husbands salary.She can check his IT returns also wherein he declares all his assets if he is honest.

Ms.Usha Kapoor (Expert)
16 April 2018

Jigyasu,
Counter questioning, Ast9onishment, dismay etc doesn't amount to giving legal advice, Yesterday in Harish case regarding refund of his college fee his college Management with some Advocate said and alleged character Assassination of Harish.. You said "Quite an unbelievable story". But didn't give any solution.I give most of the times correct solution. You turn from quack to professional lawyer. You should offer solutions to client's problems but not your astonishment.Most of your cases you are handling this way only.No indication of knowledge of any law.

JIGYASU: Legal Analyst (Expert)
16 April 2018

@ Ms. Usha Kapoor,
You should have at least some commonsense, which seems to be totally absent in you. You have made four posts to unduly justify your stand. Even you try to justify your stand by making 400 posts, the law won't change.

If you consider yourself as legal expert, you are obliged to guide people as per the provisions of law. Examples of divorce case can neither be taken as the order of the court, nor a wife has any right to direct the authorities to provide his husband's information, nor the authorities are obliged to comply with the request of wife.

P. Venu (Expert)
16 April 2018

The RTI Act provides for information to the citizen; there are certain exempted categories of which information need not be provided. Husband-wife relationship is immaterial.



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