Wife Entitled To Know Husband's Salary Details To Make A Rightful Claim Of Maintenance: Madras High Court

The Madras High Court recently upheld an order of the State Information Commission directing an employer to furnish the salary information of an employee sought by his wife. Justice GR Swaminathan observed that when the matrimonial proceedings were pending between the husband and the wife, the quantum of maintenance would depend upon the husband's salary and the wife could make a rightful claim only when she knew the details of the salary. “When the matrimonial proceedings are pending between them, the fourth respondent does require certain basic details. The quantum of maintenance payable to the fourth respondent will depend upon the salary received by the petitioner. Unless the fourth respondent knows the quantum of salary received by the petitioner, she cannot make her rightful claim,” the court observed. The wife, who had sought the relief of maintenance from the petitioner-husband had applied to his employer for furnishing certain basic service details. The employer, however, refused to furnish the information following objection by the husband. The appellant authority also refused to interfere. The wife then approached the State Information Commission which directed the employer to furnish the information. The court however observed that the wife was not a third party and during the pendency of matrimonial proceedings, she was entitled to such information. The court also relied upon an order of the Madhya Pradesh High Court, wherein it was held that the wife was entitled to know what remuneration her husband was getting from the employer. Thus, the court sustained the order of the State Information Commission and dismissed the husband's plea. Counsel for the Petitioner: : Mr.S.Abubacker Sidhic Counsel for the Respondent: Mr.K.K.Senthil, Standing counsel, Mr.T.Cibi Chakraborthy, Mr.P.T.S.Narendravasan Citation: 2024 LiveLaw (Mad) 27 Case Title: VA Anand v State Information Commission and Others Case No: W.P.(MD)No.15513 of 2020Click here to read/download the judgment

Wife Entitled To Know Husband's Salary Details To Make A Rightful Claim Of Maintenance: Madras High Court

Upasana Sajeev

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