498arti

November 20, 2009

EPF details of your ex wife

Filed under: Uncategorized — Fighting Legal Terror @ 12:56 pm

To
CPIO
EPF DEPT.

Subject: Request for information through RTI Act 2005

Respected Sir / Madam,

Appellant wish to inform your kind perusal that, my wife Smt 498 wife have filed a maintenance case against me, in which she have claimed that, “she is not working anywhere”, as per my information she is very well working somewhere, as her EPF is crediting by her employer every month in your EPF office / department, Because here her company / school deposits EPF of there employees.

Apart from above Smt. 498 a Wife D/o Shri XYZ, had lodged a false FIR against me and my family, under section 498a/323/504/506 of IPC and DP Act 3 /4.

In view of above I humbly request you to furnish me the following information through the RTI Act 2005, in the interest of justice.

A. Kindly provide me the details of the EPF A/c i.e. EPF A/c No. & EPF A/c Statement of Smt. 498 A WIFE, from date of opening of account to till date. Her Address is, House / Flat No.-_____________________
Request / Relief sought
a) The maintenance case section 24 of HMA is registered in Hon’ble Family Court, _____ under case no. _____ dated : _____ (certified copy is attached here with as Annexure-A)

b) The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court.

c) The disclosure of financial details, mainly EPF Details of Smt 498 a (wife) would surely help me to show my innocence.

d) The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

e) CPIO is under burden duty to provide the same details BECAUSE In a similar kind of case Horn’ble CIC wide his decision no.1816/IC(A)/2008 “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.” (Attached As Annexure- B)

f) The objective of the RTI act is to provide information to the person who sought such information and when the case involves a serious question whereby the applicant seeks the information to better defend himself in the court of law the information sought becomes more important. Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted. Since, it is very important principle of natural justice that against whom a complaint has been made has every right to know its contents so as to defend himself effectively and to prove that the complainant has approached various authorities only with an oblique motive. Thus in the process defaming the undersigned and causing the undersigned mental agony and harassment.

g) That the refusal on the part of the Respondent No. 1 is without any justification and disclosure of the information would have NO effect to any public activity and would not be an unwarranted invasion of the privacy of the individual

h) That the respondent cannot refrain from disclosing the information on baseless pleas of public interest or invasion of privacy or information falls under category of IIIrd party when the issue involved is of serious nature as in the present case F.I.R. has been registered against the undersigned / appellant.

i) That under the Universal Declaration of the Human Rights adopted by the united nation in 1948 assured by article 19 that every one has right to seek, receive and impart information and ideas through any media, regardless of the frontiers.

j) That in Secretary, Ministry of Information and Broadcasting, Govt. of India and others Vs. Cricket Association of Bengal and others, 1995(2) SCC 161 the Hon’ble Apex Court has remarks about this right in the following term:-
“The right to freedom of speech and expression includes the right to receive and impart information. For ensuring the free speech right of the citizens of this country, it is necessary that the citizens have the benefits of plurality of views and a range of opinions on all public issues. A successful democracy posits an ‘aware’ citizenry. Diversity of opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgement on all issues touching them.”

k) Those by refusing the information sought, the respondent will defeat the object of the act i.e. RTI for which it was created. The object of the Act is to provide for setting out the practical regime of the right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The constitution of India has established democratic republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain the corruption and to hold governments and their instrumentalities accountable to the governed. Therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

l) That the appellant has come on the very first opportunity available to him and therefore the information should not be denied to him. More over the appellant does not wants to use the information for any oblique motive but wants to use the information to better defend himself.
Initial fee of Rs10/- in the way of Postal Order of Rs10/- bearing serial number _________ has been enclosed with application as prescribed under Right to Information Rules 2005.
It is requested that, the applicant is a citizen of India, would like to receive the above said information at most urgent on the address mentioned below. For any clarification contact undersigned at Electronic mail: – _______________, Mobile No: – ____________ or at address given below.
It is submitted that, the above information pertains to your esteemed office in your statutory capacity as CAPIO under section 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Undersigned is ready to pay processing fee (if any) required to furnish above said information.
Now, at the end, I may reasonably expect that, honorable CAPIO will honor the decisions of CIC as stated above while making decision on this RTI application so that, at least the wastage of time of higher authorities in further proceedings and Legal hassle could be avoided in appeal while discussing the same matter.
Thanking You,

Husband
Verification
I, the deponent named xyz, do verify that, the facts as narrated above are true and correct to my best knowledge and belief.

HUSBAND
ADDRESS & MOBILE NO
Copy To : Hon’ble Principal Judge, Family Court, ________ for information & record in case no.

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