Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015
8. The appellant however, in this case, is not entitled to personal property related information
exempted under Section 8(1)(j) because there is no longer any marital relationship subsisting
nor is there any dispute over maintenance. The appellant has not raised any issue over
maintenance ever since she deserted her husband. The appellant did not submit that there
was any dispute over adequacy of maintenance fixed over two decades before. It may
accordingly be construed that there is no subsisting legal claim for the same. The field of
privacy as recognized by RTI act gets reduced in cases of maintenance between spouses.
From the submissions made by both parties it was observed that the spouses are living
separately by mutual consent and so the ratio of Kusum Sharma v. Mahinder Kumar
Sharma does not hold good in this matter. Commission believes that there must be repose
CIC/SA/A/2015/001934 Page 3
and unclaimed right of maintenance for a period of more than 20 years should not be
resurrected to harass the husband, Shri Naresh Kumar Chopra by allowing disclosure of his
private information.