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Krishna Ramesh (Self employed)     24 October 2011

Rti marriage certificate of ex

Hi all

I need guidance re procuring a copy of the marriage certificate of my ex, who has remarried and is still pursuing the divorce proceedings against me on cruelty grounds in Bangalore through her GPA (by conveniently keeping the court in dark about her remarriage).

 

I know from very reliable sources that she has remarried but would need to produce her marriage certificate as evidence to get her divorce case dismissed. (I have already got divorce on the basis of irreconcilable differences in New Zealand, where both of us have lived since our marriage and she didn’t contest the divorce. I am positive that she has registered the marriage in Bangalore. Our marriage was registered in Punjab).

 

I would appreciate guidance on the following:

1.       What questions could I ask in my RTI application to ensure that I do not invoke section 9 of the RTI Act;

2.       Address of the marriage registration office in Bangalore, I should send my RTI application to;

3.       Would I have to apply to all the district marriage registration offices as I am not sure of the district registration office where she would have registered her marriage or is there a central marriage registration office, where I could send my request to; and

4.       Any other advice which could help me to get a prompt response on my RTI?

 

Thanking in anticipation

Ramesh



Learning

 8 Replies

M.Sheik Mohammed Ali (advocate)     24 October 2011

as per RTI act if you ask personal matter information from RTI they will confirmation from concern person thereafter release the information its a procedure, so you can arrange another way.

Tajobsindia (Senior Partner )     24 October 2011

Ld. Adv. Ali,

This person has to defend a matrimonial case and several RTI Act decissions favor him and the moment PIO informs him the way you advised he (PIO) is required to give copy of letter and reply (from his ex wife) and this queriest is within his right to frame RTI que. to seek info. on counter copy of certificate / marriage witness / date and certificate no. by quoting name of his wife and period to search.

 

@ Author

Shoot RTI with framed que. to Departments of Stamps and Registration, Bangalore, Govt. of Karnataka and ask them to provide info. from all five offices under them in Bangalore for a period say last 1 year.

The possible sample RTI format is as follows;


Marriage Certificate through RTI

 
Date: xxxxxxx

BY SPEED POST A/D

From,
Your Name
Your Address
xxxxxxxxxxxx
xxxxxxxxxxxxx
Mob : xxxxxxxxxxxx

To
Public Information Officer,
The Inspecor General of Registration,


Sir / Madam,

Sub: Request for Information under RTI Act 2005

Ref: Marriage Certificate of Ex-Wife at SRO xxx 

1. Please provide attested copy of the Marriage Certificate of xxxxxx and xxxxxxxx whose marriage was registered on (date) at SRO xxxxx


2. Please provide the attested copy of the application provided (front and back of Page of – RULE 5) for the registration of the above marriage with reference to this marriage certificate.


I am affixing one number of 20/- Postal Order towards the processing fees of Rs. 10/- for this application and Rs. 10/- towards copying charges.


If the processing fees for this application and the fees towards copying charges are in-sufficient to provide the above requests, please follow the provisions of section 7 (3) (a), (b) of the RTI Act 2005.

If you feel that the requested information doesn’t come under your department please follow the provisions of section 6 (3) of RTI Act 2005.

I request that the information requested may be provided at the earliest.

Thanking you, in anticipation I remain;

Yours sincerely


Sd/-
(Your Name)

[Modify above as per requirement. ]
1 Like

Krishna Ramesh (Self employed)     24 October 2011

She will definitely say No. 

Any other options?

Krishna Ramesh (Self employed)     24 October 2011

Dear Ld. Adv. Ali

 

Thanks for your response. Sorry, I am bit unclear about your comments in Para 1.

 

1.          Do I understand it to mean that the RTI in my case allows the waiver of the need to get no objection from my ex to release this information to me?

 

2.          Sorry for my ignorance. What does PIO stand for?

 

3.          Would I need to attach a copy of her petition for divorce in the family court?

 

4.          Please advise the exact postal address of the Department of Stamps and Registration, Bangalore, Govt. of Karnataka.

5. In regard to your comment “Please provide attested copy of the Marriage Certificate of xxxxxx and xxxxxxxx whose marriage was registered on (date) at SRO xxxxx”, I do not know the exact date but the range of 15 days, can I mention the range?

 

Your help is sincerely appreciated.

 

Thanks once again.

Tajobsindia (Senior Partner )     24 October 2011

@ Author

Your que. are wrongly addressed to our ld. brother Ali. I volunteer to clear all your doubts and suggest to calmly re-read suggestion hereto before asking next set of que. as they are self explanatory;


1. PIO = Public Information officer


2.
The moment she says "no" and you get a copy of reply from PIO stating third party info. Cannot be given submit before concerned Court to call PIO with Register as your Witness and you will see clarity on TRUTH of her re-marriage and that is exactly what for you are firstly sending a RTI is it not so:-)


3. The PIO can't seek third party reply in your case and for the same I quote CIC Order which you may annex with your application;

 

Central Information Commission
Appeal No.CIC/WB/A/2008/01390-SM dated
23-04-2008

Right to Information Act-2005-Under Section (19)

Dated: 28 October 2009

Name of the Appellant
:Shri M.L.Jain
H – 102, Raj Nagar – II,
Palam Colony,
New Delhi – 110 045.

Name of the Public Authority
:CPIO, O/o the Deputy Commissioner of Police, South West District,
New Delhi.

The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Shri Zile Singh, ACP,
(ii) Shri Satya Parkash, Sub-Inspector

2. In this case, the Appellant had requested the CPIO on April 23, 2008 for a copy of the complaint dated March 3, 2008 made by one Shri K.K. Agarwal to the Union Finance Minister, Chief Minister of Delhi and the Commissioner of Delhi Police The CPIO declined to provide the copy of the said complaint in his reply dated May 28, 2008 claiming that this was third party information and, therefore, could not be disclosed. Against this, the Appellant approached the first Appellate Authority on June 10, 2008. The Appellate Authority disposed of the appeal in his order dated July 5, 2008 by upholding the decision of the CPIO. Consequently, the Appellant has come before us in second appeal.

3. Both the parties were present during the hearing and made their submissions. We do not agree with the CPIO that the complaint filed by any person cannot be disclosed merely because the Complainant does not want the complaint to be so disclosed. Once a complaint is filed with the Police or any other authorities, which the said Public Authority decides to enquire into, the complaint becomes a valid public document. It cannot be CIC/WB/A/2008/01390-SM
disclosed only if the contents of such complaint exempted from disclosure under any of the provisions of the Right to Information (RTI) Act. In this case, the Respondent has cited no such provision of the Right to Information (RTI) Act in denying the information except by stating that the complaint had been filed by a third party.

4. In view of the above, we direct the CPIO to provide to the Appellant a copy of the complaint of Shri K.K. Agarwal dated March 3, 2008 within 10 working days from the receipt of this order.

5. With the above directions, the appeal is disposed off.

6. Copies of this order be given free of cost to the parties.

(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla)
Assistant Registrar



4.
Why you are answering yourself on behalf of PIO by sayign the moment you ask PIO about marriage certificate she will say NO. ld. friend now-a-days a husband can get PF details of his wife and it is not priveldge info and for the same CIC decision is below;

Central Information Commission

2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi – 110 066

Decision No.1816/IC(A)/2008
F. No.CIC/MA/A/2007/00583

Dated, the 10th January, 2008

Name of the Appellant: Sh. Ashish Kumar Tiwari
Name of the Public Authority: Employees’ Provident Fund Organisation

Facts:

1. The appellant was heard on 9/1/2008.

2. The appellant has asked for the details of PF account in respect of his ex-wife. The CPIO has, however, refused to furnish the information u/s 8(1)(e) and (j) of the Act.

3. During the hearing, the appellant stated that his ex-wife is already employed by a school and, therefore, there is no justification for payment of maintenance allowance as awarded by the Court. He, therefore, pleaded that the information asked for is required to seek exemption from payment of maintenance allowance.
Decision:

4. The appellant’s financial interest is affected in the matter, as he is seeking legal relief from the Court. The disclosure of financial details, mainly PF contributions by his ex-wife would surely help the affected parties in arriving at the reasonable amount of maintenance to be paid to his divorced wife. The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

5. The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.

6. With these observations, the appeal is disposed of.

Sd/-
(Prof. M.M. Ansari) Information Commissioner
Authenticated true copy:
(L.C. Singhi)
Additional Registrar

Name & address of Parties:
1. Sh. Ashish Kumar Tiwari, Qtr. No.H-3, Sadar Bazar, PWD Colony, Hoshangabad – 461 001.
2. Sh. M. Ramakrishnan, Regional Provident Fund Commissioner-II(FA)/CPIO, Employees’ Provident Fund Organisation, Regional Office, 7, Race Course Road, Indore (M.P.)



5.
Further to above a husband can even get financial details of his wife and here is the decision which you may annex with your application in case still in doubt that you will not get asked info;

 

Decision No.1816/IC(A)/2008 – F. No.CIC/MA/A/2007/00583
Dated,
the 10th January, 2008

Name of the Appellant: Sh. Ashish Kumar Tiwari
Name of the Public Authority: Employees’ Provident Fund Organisation

Facts:

1. The appellant was heard on 9/1/2008.

2. The appellant has asked for the details of PF account in respect of his ex-wife. The CPIO has, however, refused to furnish the information u/s 8(1)(e) and (j) of the Act.

3. During the hearing, the appellant stated that his ex-wife is already employed by a school and, therefore, there is no justification for payment of maintenance allowance as awarded by the Court. He, therefore, pleaded that the information asked for is required to seek exemption from payment of maintenance allowance.

Decision:

4. The appellant’s financial interest is affected in the matter, as he is seeking legal relief from the Court. The disclosure of financial details, mainly PF contributions by his ex-wife would surely help the affected parties in arriving at the reasonable amount of maintenance to be paid to his divorced wife. The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

5. The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.

6. With these observations, the appeal is disposed of.

Sd/-
(Prof. M.M. Ansari) Information Commissioner
Authenticated true copy:
(L.C. Singhi)
Additional Registrar

Name & address of Parties:

1. Sh. Ashish Kumar Tiwari, Qtr. No.H-3, Sadar Bazar, PWD Colony, Hoshangabad – 461 001.

2. Sh. M. Ramakrishnan, Regional Provident Fund Commissioner-II(FA)/CPIO, Employees’ Provident Fund Organisation, Regional Office, 7, Race Course Road, Indore (M.P.)



6.
Yes as brief for seeking info. under RTI Act you shall mention such and such divorce case has been filed by my wife who has already been divorceed by such and such Court and yet hiding her re-marriage status she is seeking another divorce from an Indian Court and to the best of availabel information in public domain she got registered her marriage with one of your sub-offices between such and such range of date.

Hence to defend myself against her 'false / fraud' in Court of Law I am seeking following info;

a. Kindly provide me info. regarding all marriages registered from such and such date to such and such date from all your five sub -offices in Bangalore from such and such period to such and such period. Kindly priovide true copies of respective register entries.

b. Kindly provide me the attested copy of the application provided (front and back of Page of – RULE 5) for the registration of the marriage of Ms. XYZ with reference to marriage certificate.

c. Kindly provide true copy of the Marriage Certificate of Ms. XYZ and her reigstered husband whose marriage was registered in between such and such date ot such and such date. 


7.
When you get rejection letter on third party grounds from PIO then shoot below letter quoting PIO ref. no. / date


"I would like to request following INFORMATION (Information as defined in the Right to Information Act, 2005) as the information asked pertains to the concealment of re-marriage by my ex-wife in several Legal proceedings and is in great deal of Public Interest hence information asked.


1. kindly provide me certified copy of page of register containing and or showing diary dispatch number with  date through which the third party submission was asked/called for?

 

2. Certified Copy of the letter dispatched to third party for making his / her submission?

 

3. Certified copy of page of register containing and/or showing Diary register number through which third party submission was received.

 

4. Certified copy of the submission document received from third party.

 

 

PLEASE NOTE:


1. In case of U Vardaraya Nayak Vs. Commissioner of Income Tax,
Bangalore dt. 25/06/2007 CIC Digest (Vol II) 1580 (383)

Where it was Held: Objections filed by the Third Party should be made available to the Appellant. CPIO is not required to mechanically accept the third party's objection to disclosure of an information."



8.
For address of Authority I quoted there is something called GOOGLE SEARCH  mind if you do some search to save my time so that I can answer other queries! 

 


Lastly all replies must come in 30 - 35 days and there is nothing called "prompt replies" from a PIO unless a FIR is lodged then under life and liberty clause the reply comes in 24-48 hrs. which even RTI CIC decisions says.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011

This is helpful only if she has registered her marriage.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

prakashsingh   09 July 2015

Hi.. Tajobsindia 

First of all.. I want to thank you for your entire explanations..

I am also in a search of some marriage registration details of an accused who has performed multiple marriages without taking any divorce as an act of biagamy..

We have already filed two court cases and want to prove his farud in the Court of Law and put the accussed behind the bars..

Even though we clearly indicated our intention in RTI application that this information must be treated as great deal of public interest, PIO has treated this as a third party enquiry.. Now i want to put my case before FAA then after CIC, if required..

Now, can you just give me sample decisions of CIC where the decision was made in favour of disclosure of information of marriage registration in such cases (where any kind of fraud can be revealed) as it is really in great deal of pubic interest.

This will help me to endorse my appeal before FAA or CIC..

Thanks and regards

Prakash

Jothish Kumar (Consultant)     10 July 2015

In my 2 cent advice

Get help from a Dectetive Agency. They will provide all proof immediately rather than waiting for RTI reply, Appeal, RTI Appeal disposal again waiting for information etc... RTI wholl process may take atleast 90 + days


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