ADITI MONDAL 28 September 2021
minakshi bindhani 29 September 2021
Anusha Singh 30 September 2021
As per your query it is understood that your wife has filed RTI to get the information about your salary slip and you do not want to disclose it to her. Also, the fact that you and your wife are living separately from last 2 years, assuming that you are not divorced as you’ve not mentioned anything about it and as there is no case filed which clearly indicates that she is still your lawfully wedded wife.
Most of the times the RTI to get the information about husband’s salary is filed by the wife before claiming the alimony by husband or if she is suspicious about infidelity on part of the husband. In your case as you have mentioned that no case is filed against you yet. It is possible that she is planning to file a divorce case and wants to know about your income to claim alimony from you.
In the case of Rahmat Bano Vs. The CPIO, O/o the Income Tax Officer (Central Information Commission, New Delhi) the appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) such appeal made by her was disposed of by the concerned authority. She filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to her and requested the Commission to direct the respondent to provide complete and correct information. After hearing both the sides and disposing of the second appeal made by the wife the Commission referred to the judgment of the Hon’ble Supreme Court of India in Girish Ramchandra Deshpande vs. Central Information Commission & ors. wherein it was held as under:
14. “The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.”
The appeal was filed in the High Court and it was held by the bench of High Court that While dealing with the Section 8(1)(j) of the Act, we cannot lose sight of the fact that the appellant and the respondent No.1 are husband and wife and as a wife she is entitled to know what remuneration the respondent No.1 is getting.
Hope it helps!
ADITI MONDAL 04 October 2021