MyNation Foundation Forum » Judgments » Request for Judgment

passport details of wife under RTI

(2 posts)
  • Started 5 years ago by travelsavion
  • Latest reply from Dr.Dsouza

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  1. travelsavion
    Member

    Sir,
    In 2006, my wife & MIL had scuffle with me at Legal Aid Clinic and thus I lodged FIR u/s 323, 506(2), 294(B) etc IPC against both of them and charge sheet was filed in the court by police. Then, I filed suit in Family court for custody of my child which is pending. Thereafter, I separated with my wife in 2010 by giving Talaq as per Muslim Sharia. In response, she and MIL tried to file false FIR against me u/s 420,406 of IPC but they failed to do so. Thereafter, in January 2010, my wife lodged FIR against me and my younger sister u/s 498 (A),114 & Dowry Act. I approached Gujarat High Court for quashing. The Hon'ble High Court considering my plea granted interim relief by giving Stay Order. In response, my wife again lodged complaint as per DV Act to harass me which is also pending in the court. Now my query is:

    My wife obtained passport in 2006 suppressing facts regarding (1) her marital status & (2) a fact in affidavit that criminal complaint had been lodged against her. So, I sent an application to Passport Office, Ahmedabad in year 2008 narrating the same facts and requested to take action against her. Then Passport authority asked me to send court certified copy of charge sheet which I provided soon but I got no answer from the office regarding action taken. Again I made same complaint to Passport Office in year 2010. Moreover, on presumption that my MIL also should have obtained passport in 2009 suppressing the fact in affidavit i.e. a criminal complaint had been lodged against her, simultaneously I made application to Passport Office to enquire and take action against MIL.
    Thereafter, I made RTI application attaching two CIC judgment copies which I got from your esteemed website to the Passport Office, Ahmedabad. In which I argued that since being affected party as I am the complainant in the said FIR in which my wife & MIL are accused, and since the passport is a public document and in public domain, the information regarding (1) action taken in connection with my applications (2) copy of passport and enclosures of my wife and MIL should be provided to me. But the Office denied me information citing CIC order no SA/UG/09/F4obxn3/AD, dated 21-01-09 and CIC/AD/A/09/0035, dated 27-04-2009 and Gujarat High Court judgment no SCA/12938/2009.
    Please advise me what I should do now. Can you provide me judgments by SC/HCs which match my facts and circumstances as mentioned hereinabove? If its necessary to cite court’s judgment while making First Appeal.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    there was same thread in this forum before;
    please find it, in that there judgment copy link too where it says unless passport detail harm a person or his.her business they have to provide the details.
    its all in what you write in RTI

    Posted 5 years ago #

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