 "Karnataka HC overturns wife's RTI request to access husband's Aadhaar info")
The Karnataka High Court has overturned a single judge bench's decision that instructed the Unique Identification Authority of India (UIDAI) to consider a right to information (RTI) application by a wife seeking Aadhaar Card details of her husband, according to a report by Verdictum. The Court emphasised that the right to privacy, an individual's fundamental right, remains intact even in a marital relationship.
Background of the case
The petitioner, the wife, was married in November 2005, and the couple have a daughter. Earlier, a family court in Hubballi had directed the husband to pay monthly maintenance of Rs 10,000 to the petitioner and Rs 5,000 to their daughter. However, the wife faced challenges in having this order enforced and sought out her absconding husband's address, which would be available on his Aadhaar card, and filed an RTI application.
The wife's RTI application and subsequent appeals were rejected by authorities, prompting her to approach the single-judge bench. The single-judge bench set aside the authorities' rejections and directed a reconsideration, emphasising the husband's right to be heard before disclosure.
The matter was sent back to the assistant director general of UIDAI, to notify the husband, hear his side, and reconsider the wife's application. However, the UIDAI appealed, contending that the single judge's direction violated Section 33 of the Aadhaar Act, requiring a hearing with a High Court judge before Aadhaar information disclosure.
High Court decision
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The division bench of Justice S Sunil Dutt Yadav and Justice Vijaykumar A.Patil at Karnataka High Court looked over the writ appeal filed by the assistant director general of UIDAI.
The wife argued that a marriage was, in essence, a merge of identities; therefore, there should not be an objection to revealing information about one spouse to another. However, the HC highlighted the importance of an individual's right to privacy regardless of their marital ties. The Court found that the single-judge bench had made an error by directing the UIDAI to issue a notice without the involvement of an HC judge, as mandated by Section 33.
The Court observed, "A person whose information is sought to be divulged has the right to put-forth his case before such disclosure in terms of Section 33(1) of the Aadhaar Act. The right to privacy of Aadhaar number holders preserves the autonomy of the individual's right to privacy which is conferred primacy and admits of no exception under the statutory scheme."
"The relationship by marriage, which is a union of two partners does not eclipse the right to privacy which is the right of an individual and the autonomy of such individual's right stands recognised and protected by the procedure of hearing contemplated under Section 33. The marriage by itself does not do away with the procedural right of hearing conferred under Section 33 of Aadhaar Act," the Court added.
The matter was sent back to the single judge with the directive to include the husband as a respondent, ensuring his right to present his case.