Is wife entitled to know husband’s salary details to make a rightful claim of maintenance? Madras HC answers

Madras High Court: In a writ petition filed by the husband/petitioner against the order of the State Information Commissioner dated 20-10-2020 and to quash the same and consequently, refrain the State Information Commissioner, Registrar and the Appellate Authority and Deputy Registrar and the Public Information Office of the Alagappa University from furnishing any personal and private information about the petitioner to his wife, G.R. Swaminathan, J. while upholding the impugned order, said that unless the wife knows the quantum of salary received by the husband, she cannot make her rightful claim.

The matrimonial proceedings are pending between the parties. The wife has sought relief of maintenance from the husband. For effectively pursuing her claim, she needed certain basic service details pertaining to her husband. She applied to the employer for furnishing the said information. Since the husband has raised an objection, the employer did not provide the information sought to the wife. The appellate authority also declined to interfere. Therefore, the wife filed a second appeal before the State Information Commission. By the impugned order, the State Information Commissioner directed the employer to furnish the information sought for by the wife. Challenging the same, the present writ petition was filed.

The Court said that the quantum of maintenance payable to the wife will depend upon the salary received by the husband. Unless the wife knows the quantum of salary received by the husband, she cannot make her rightful claim. Thus, the Court upheld the impugned order.

The Court also referred to Sunita Jain v. Pawan Kumar Jain¹, wherein it was held that the wife is entitled to know what remuneration her husband is getting from the employer.

[V.A.Anand v State Information Commissioner, 2024 SCC OnLine Mad 152, Order dated 04-01-2024]

Advocates who appeared in this case :

For Petitioner: Advocate S.Abubacker Sidhic

For Respondent: Advocate K.K.Senthil, Advocate T.Cibi Chakraborthy, Advocate P.T.S.Narendravasan