Wife Can't Seek Husband's Income Tax Details Under RTI Act To Support Maintenance Claim: Delhi High Court

The Delhi High Court has held that income tax details of a husband cannot be disclosed under the Right to Information Act, 2005 in relation to the matrimonial disputes with the wife.

Justice Purushaindra Kumar Kaurav observed that such information does not fall under the exception of “larger public interest” under the enactment.

The Court made the observations while setting aside an order of the Central Information Commission (CIC) which had directed disclosure of a husband's net taxable income to his wife in connection with ongoing maintenance proceedings.

The petition was filed by the husband challenging the CIC's order directing the Income Tax Department to disclose his income details from FY 2007–08 onwards.

The direction had been issued in a second appeal filed by the wife amid matrimonial litigation and a pending maintenance claim.

The husband contended that such disclosure amounted to an unwarranted invasion of privacy and was exempt under Section 8(1)(j) of the RTI Act, which protects personal information from disclosure.

Setting aside the impugned order passed by CIC, the Court observed that Section 8 (1)(j) of the RTI Act indicates that the general rule is that personal information is ordinarily exempted from disclosure if it is unrelated to public interest or if it would cause unnecessary violation of an individual's privacy.

It noted that the only exception to the said rule is where the disclosure of such personal information is warranted in larger public interest.

Noting that the information sought by the wife was “personal information” of the husband, the Court said:

“The Act was enacted to promote transparency in the working of public authorities. It could not have been the intention of the legislature to allow disclosure of personal information of individuals, having no bearing on the public at large. Therefore, the concept of “larger public interest” cannot be interpreted in a way that allows misuse of the provisions of the Act.”

It rejected the wife's contention that the disclosure of her husband's income details under the RTI Act was necessary for proper adjudication of her maintenance claim.

The Court said that the wife was not without remedy and that the parties shall be at liberty to take all remedies available in law for requiring the other spouse to place on record the affidavit.

“In the above circumstances, the nature of the directions passed by the CIC are found unsustainable in law. The impugned order, thus, stands set aside,” it ruled.

Title: KAPIL AGARWAL v. CPIO INCOME TAX OFFICER MORADABAD & ANR

Click here to read order