Wife is entitled to get details of salary of her husband
In VA Anand v State Information Commission & Others, the Madras High Court pointed out that the wife was not a third party and during the pendency of matrimonial proceedings, she was entitled to receive information relating to salary of her husband.
In this case, the court upheld an order of the State Information Commission, which directed an employer to furnish the salary information of an employee sought by his wife.
Amount of maintenance depends on husband’s salary
In matrimonial proceedings pending between the husband and the wife, the quantum of maintenance would depend upon the husband’s salary. The wife could make a rightful claim only when she knew the details of the salary.
The wife, who had sought the relief of maintenance from the petitioner-husband had applied to his employer for furnishing certain basic service details under Right to Information. The employer, however, refused to furnish the information following objection by the husband.
The appellant authority under the act also refused to interfere. The wife then approached the State Information Commission which directed the employer to furnish the information.
The Commission relied on a ruling of the Madhya Pradesh High Court in Sunita Jain v Pawan Kumar Jain & Ors [ W.A.Nos.168 and 170 of 2015 ]wherein it was held that the wife was entitled to know what remuneration her husband was getting from the employer.
The Madhya Pradesh High Court referred to a decision of the Nagpur Bench of the Bombay High Court in Rajesh Ramachandra Kidile v Maharashtra SIC & Ors in which the court had remarked that in a litigation, where the issue involved is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband hence accessible by the wife.
Conclusion
In short, a wife is entitled to receive information relating to salary of her husband when a matrimonial petition is going on in the court as the quantum of maintenance is determined on the basis of her husband’s salary.
