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Bhaskaradeepak (SOFT. ENGG.)     15 December 2013

Rti act incase of divorce

Hello Sir's,

1.Can a person who is husband of a govt. employee seek her documents through Right to information act?

2.If the wife had given written statement that the particulars requested may be a life threatening to her and hence it should not be furnished what her higher official to whom the Right to act petition directed is supposed to do?

3.Also the girl had mentioned , the husband can't demand her documents she submitted to the government while their divorce case is in court .

Can i get clarified on the above queries please? Seek guidance from our  experienced and honorable members.

 

Thanks,

Deepak

 



Learning

 7 Replies

GOPAL SHARMA (LAWYER)     15 December 2013

YES,YOU CAN  LEGALLY GET THE INFORMATION ABOUT DOCUMENTS THROUGH RTI ACT,BECAUSE YOU ARE THE CLOSELY RELATED PERSON.

T. Kalaiselvan, Advocate (Advocate)     15 December 2013

Yes Mr. Sharma is right, you can get the information about your wife from her employer through RTI

Bhaskaradeepak (SOFT. ENGG.)     16 December 2013

Hi Gopal/Kalai,

 

Thanks a lot sorry to bug again but in case the wife had given a written statement to her supervisor disclosing the details will be a life threat to her, her supervisor has the rights to reject the petition?

 

Thanks in advance.

T. Kalaiselvan, Advocate (Advocate)     16 December 2013

No chance, the supervisor has to respect the law or else he knows that he may face action for that.

2 Like

S.QAISAR ALI ADV. (Advocate)     27 December 2013

yes.copies of required documents can be obtained through RTI.

Adv. Chandrasekhar (Advocate)     27 December 2013

I respectfully differ.  The wife can refuse to agree to divulge the information she provided to the Govt. in the course of her employment on the ground of 'third party information'.  After receiving her refusal in writing, the power is vested with the PIO to decide that (1) whether such information sought by the husband is third party information? (My anser is 'yes') and if so, (2) can it be divulged in the interest of public?  If the PIO comes to the concllusion that there is no public interest involved but a private interest of husband, he can refuse to disclose such information.  If the husband does not agree with such decision, he has got two appellate fora available under the Act. 

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

If advocate Mr. Chandrasekar's point is to be taken for consideration, you can very well summon the documents through court summons directing the respondent to produce the documents to court for prosecution/defence of the impending case.


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