Whether husband can obtain salary details of wife under right to information Act?
It cannot be lost sight of in this case that the relation between the person seeking information of the lady, who is employed in a private company, is that of a husband and wife. On account of a marital discord, the wife has dragged the husband before the District Court. For the purposes of his litigation, the husband requires the information about the salary and provident fund accumulations of the wife. Such information could also be acquired by the husband by making an application before the District Court. Rather than perpetuating the hardships of the husband, the CIC has found it fit to direct the petitioner to disclose the said information.
19. In this backdrop, it is imperative that the petitioner must first come to a conclusion, either under sub-clauses (e) or (j) of Section 8(1) that the information is confidential and cannot be disclosed. It is only when the competent authority justifies the non-disclosure under the first part of sub-clauses (e) or (j) that that the second part in the said sub-clauses would have to be considered to the extent of whether the information is required to be disclosed in larger public interest. In my view, the petitioner has failed in the first place to justify it's refusal to disclose the information. The husband seeking information cannot be said to be a stranger or a third party. The information sought by him also cannot be said to be confidential.
20. In my view, if matrimonial matters are being prosecuted by the parties, there should not be any embargo on divulging the PF accumulations of the wife since the said information is sought by the husband to be placed before the District Court. It also cannot be ignored that the wife is not before this Court and has not challenged the impugned order.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Writ Petition No. 10690 of 2017
Decided On: 06.09.2017
The Central Public Information Officer Vs. The Central Information Commissioner and Ors.
Hon'ble Judges/Coram:
R.V. Ghuge, J.
Citation: 2017(6) MHLJ 795
