The Central Information Commission ( CIC ) ruled that gross income of spouse can be disclosed citing right of matrimonial case pending before judicial court under Section 8(1) (j) of Right to Information Act, 2005.
The Respondent submitted that they have denied disclosure of information to the Appellant under Section 8(1)(j) of the Right to Information Act, as the information sought is personal information of a third party.
In furtherance of hearing proceedings, it is relevant to note that the bench has dealt with cases bearing the same factual matrix and the stance that has been maintained by it so far is that certain information sought for in the above mentioned RTI Application pertains to the personal information of a third party and stands duly exempted under Section 8(1)(j) of the RTI Act.
In matters concerning the disputes of a husband and wife, the Commission is guided by a judgment of the Delhi High Court in the matter of Vijay Prakash vs. Union of India (W.P. (C) 803/2009) dated 01.07.2009 wherein the Court observed that in private disputes such as the present one between a husband and wife “…The basic protection afforded by virtue of the exemption (from disclosure) enacted under Section 8(1)(j) cannot be lifted or disturbed..”
The bench observed that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.
A single member bench comprising Vinod Kumar Tiwari (Information Commissioner) concluded that the respondent should ascertain that the Appellant was the legally wedded husband of Ms. Vijeta Gopal Hulmani and there was a maintenance case/matrimonial case pending before the judicial Court. The Appellant was directed to submit complete litigation documents before the Respondent Public Authority, within a week from the date of receipt of this order.
On receipt of the same, the Respondent was directed to provide the “generic details of the net taxable income/gross income” of the estranged wife for the period as mentioned in the RTI application, free of cost, within two weeks from the date of receipt of the documents from the Appellant.
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