Wife Entitled To Know Husband’s Salary Details To Make A Rightful Claim Of Maintenance

VA ANAND Versus STATE COMMISSION & OTHERS

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 the 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 basis 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 relied 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.

The court sustained the order of the State Information Commission and dismissed the husband’s plea.

Written by Adv Rohit Yadav