Dilshad Ahmed v. Public Information Officer & Additional District Magistrate(S)

Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796 Decision No. CIC/SG/A/2010/000280/7213 Appeal No. CIC/SG/A/2010/000280 Relevant Facts emerging from the Appeal: Appellant : Mr. Dilshad Ahmed S/o Mohd. Haji, R/o 108 R.B. House, Nizamuddin (west), New Delhi - 110013 Respondent : Public Information Officer & Additional District Magistrate(S) Govt. of NCT of Delhi O/o the Dy. Commissioner (South) M.B.Road, Saket, New Delhi RTI application filed on : 05/12/2009 PIO replied : 13/01/2010 First appeal filed on : 08/01/2010 First Appellate Authority order : Not mentioned Second Appeal received on : 03/02/2010 Hearing notice sent on : 18/02/2010 Hearing held on : 25/03/2010 Information sought: The Appellant had sought information as to how it was allowed in case no. 54 without decree of divorce/order not only this it was also allowed affidavit of Rs.2/- stamp paper which is not even notary public attested signature of her previous husband and photo copy of said affidavit without attested by gazetted officer in the name of decree of divorce place on record. Please provide information positively. Reply of PIO: The PIO replied that as per record available in this office, the marriage has been registered by the Registrar on the basis of documents produced by both of the parties at the time of submission of documents for the registration of marriage. The documents submitted are:-

1) Declarations submitted by both Husband & wife with the sign of 3 witnesses viz. i) Sh. Naim Ahmed, ii) Sh. Naseen Khanm iii)Sh. Rashid Ahmed. In this declaration, the information that the wife is divorcee is available.

2) The affidavit submitted by Smt. Urooj Ahmed W/o Dilshad Ahmed states that she was divorcee.

3) Smt. Urooj Ahmed has also submitted a self attested copy of an affidavit made by her divorcee husband i.e. Sh. Ayub Sheikh.

4) The applicants i.e. wife and husband had also submitted the marriage certificate issued by Imam of Jama Masjid Zakir Nagar, Okhla New Delhi- 25, which was held on 21.09.06. First Appeal: The PIO had not provided the information. Order of the FAA: Not mentioned. Ground of the Second Appeal: Incomplete information was provided by the PIO that too after filing first appeal. Relevant Facts emerging during Hearing: The following were present Appellant: Mr. Dilshad Ahmed; Respondent: Absent; The Appellant is trying to contest a marriage which he feels was not as per the Muslim Personal Law. He has been provided all the information based on the records and if he feels that the actions of the public authority are not as per the law he should move to the appropriate forum for this. Decision: The Appeal is dismissed. The information has been provided. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act. Shailesh Gandhi Information Commissioner

25 March 2010 (In any correspondence on this decision, mention the complete decision number.)(RM)