DV ACT 2005   |   IPC 498A   |   Maintenance

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No. CIC/SA/A/2014/000433 of 2014Prof. M. Sridhar AcharyuluPrashansa Sharma vs Delhi Transco LtdRTI ACT 2005

Can access income details of your spouse under RTI : CIC

(1) The spouses have right to information between them as listed by Delhi High Court in paragraph 20 above.

(2) The husband in this case, has a duty to provide all that information listed above to his wife, and the appellant wife has right to information as established by Delhi High Court based on rights of marriage as provided by various statutes of family law. who he is not maintaining and public authority has authority and power to enforce that duty, which is supported by the CCS Rules.

(3) Though certain documents like annual returns of assets, investments, IT returns etc were earlier declared as private/ personal or third party information, as far as spouses are concerned they are not private or personal or third party information between them, in the context of marital disputes especially for maintenance purposes.

(4) The PIO’s cannot reject the request for such information, if filed by spouses, on the ground of Section 8(1)(j) saying it is personal information, because the protection of privacy is overridden by the huge public interest in maintaining wives, as provided in the proviso to exception 8(1)(j). The larger public interest in maintenance of wives and children, prevention of domestic violence, etc., for the purposes of the disclosure of such information, which was strongly established by the Delhi High Court in two landmark judgments referred above.

(5) The information related income details in the context of non­maintenance of the spouse, becomes the life related information which should be given within 48 hours according to proviso to Section 7(1) of RTI Act, 2005.