Central Information Commission
Smt.Meera Saxena vs Ministry Of Home Affairs on 1 February, 2011
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000732
Name of the Appellant : Smt. Meera Saxena
(Shri Kamal Saxena and Shri Anil Kumar
Saxena were present on behalf of
Appellant.)
Name of the Public Authority : Dy. Commissioner of Police, Special Unit
for Women and Children, Nanakpura,
New Delhi.
Represented by Pratima Sharma and Shri
Rajendra Kumar.
The matter was heard on : 1.2.2011
ORDER
Smt. Meera Saxena, the Appellant had filed an application dated
16.03.2010 seeking following information under the provisions of RTI Act, 2005:
Please inform the list of items with their legally selflife (under
respective Heads as mentioned below) which are given at the time of marriage
are covered/not covered under "Stridhan". The information is required items wise
only to get the view clearly on the issue and not the definition of "Stridhan".
(a) Names of house hold goods given by the parents of bride.
(b) Any vehicle given by parents of bride to bridegroom:
(i) Registered in the name of bride/parents of bride.
(ii) Registered in the name of bridegroom.
(c) Jewellery items given by parents of bride to bride.
(d) Wrist watch, Gold Ring and chain given as gift/custom to bridegroom
by the parents of bride.
(e) Jewellery items given to bride as gift/custom by the parents of
bridegroom.
The PIO/Dy. Commissioner of Police, SPUW&C, New Delhi, vide letter
dated 20.4.2010 replied as follows:
"With reference to your RTI applications dated 16.3.2010 & 30.3.10
received in this office on 22.3.10, 29.3.10 & 5.4.10 on the subject cited above, the
gifts or presents given to the bride or bridegroom by their partens or relatives at
the time of marriage are part of Istridhan. The pointwise reply is as udnder:
a) It is part of Istridhan given to bride.
b) It depends on circumstances of individual case.
c) It is part of Istridhan.
d) It is not part of Istridhan
e) It is part of Istridhan.
Not satisfied with the reply the Appellant filed an appeal before the FAA.
Shri Sudhir Yadav, FAA/Joint Commissioner of Police SPUWC, Nanakpura, New
Delhi, vide his decision dated 22.6.2010 replied as follows:
I have carefully considered the submissions of the appellant made in her
appeal dated 29.5.2010 (4.6.2010), his application under RTI Act dated 16.3.2010,
29.4.2010 and have also perused the reply furnished by PIO vide his letter dated
20.4.2010 and 20.5.2010. As gathered from laws on the subject and rulings of the
courts, the meaning of Istridhan in the eye of law is very much clear and is as
follows"
"Any article(s)/gift(s) given to the bride by her parents and their relations, or
by the husband and his relations or by strangers friends and relatives from either
side, at the time of ceremony of marriage or at the time of bridal procession
constitute Istridhan".
If any article given to the bride falls within the ambit of above definition shall
be deemed as part of Istridhan. The police has no powers to decide whether any
article/gift given in the marriage to bride or bridegroom and his family and articles
used during marriage related ceremony etc, under any special circumstances, will
be a part of Istridhan or not. It is for the court of law to decide, in the event of any
dispute, arising in such matters. Accordingly, PIO has informed the appellant on
the issue/queries raised by the appellant.
I therefore do not find any reason to interfere with the orders passed by the
PIO/SPUWC, Nanakpura."
Not satisfied with the reply of the Respondent, the Appellant filed the
present appeal before the Commission.
During the hearing the Appellant submit that specific, clear and correct information has not been provided to her by the Respondent. The Respondent on the other hand submit that requisite information as per record and permissible under RTI Act has been provided.
After hearing the contention put forth by both the parties and on perusal of relevant documents on file, the Commission is of the view that complete requisite information has been provided to the Appellant.
The matter is disposed of on the part of the Commission.
Sd/ (Sushma Singh) Information Commissioner 1.2.2011 Authenticated true copy:
(S.Padmanabha) Under Secretary & Deputy Registrar Case No. CIC/SS/A/2010/000732 Copy to:
Smt Meera Saxena, R/o C10/23, Yamuna Vihar, Delhi - 110053.
2. The Public Information Officer, Deputy Commissioner of Police, Special Unit for Women & Children, Nanakpura, New Delhi.
3. The First Appellate Authority, Joint Commissioner of Police, Special Unit for Women & Children, Nanakpura, New Delhi.