how to get bank account details and ITR details of wife



  • hi experts,
    my self rajesh and am from orissa. i am fighting divorce case and host of litigation against my wife. currently i am paying maintenance every month and recently i came to know that she is working in a private organisation.
    in this regard can anyone here guide me if:

    1. i can get bank account details of my wife
    2. i can get ITR details of my wife from IT department.

    from the blogs on the internet i came to know that it is not possible for a husband/wife to get bank account details as the bank are straight forwardly denying information relying on what they call "fiduciary" which i dont have any idea.

    also Getting info of ITR is also a daunting task,

    Further what i have learned from the posts on RTI is that asking out rightly what you want in RTI would lead to rejection of one's application. Instead find a different purpose while asking information such that your intentions get clubbed with that information.

    Also, i want to ask a vital question,
    How to convince the PIO that there is a public interests involved in your appliction.

    brothers, please help . i am in a very difficult situation.


  • RTI Experts

    Depends.

    The position as of today regarding the disclosure of ITR of either spouse for the purpose of matrimonial disputes is that such information is not being generally disclosed.

    Earlier, as per a CIC (Central Information Commission) judgment titled Prashansa Sharma v Delhi Transco Ltd dated 03.02.2015, it had been laid down that spouses have a right to access each others income details including ITR details. Such information would not constitute personal information and section 8(1)(j) would not be applicable and a larger public interest in involved which overrides personal information.

    However, as per another CIC order titled Bijal Upadhyay vs CPIO, IT Dept. on 09.06.2016 it has been laid down (http://ciconline.nic.in/rti/docs/cic_decisions/CIC_CC_A_2014_002812_BS_10542_M_188292.pdf), that appropriate remedy available would be to apply to the concerned Court for summoning the records of the Income Tax Department but seeking such information under the provisions of Right to Information Act is certainly not an appropriate relief.


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