- COURT: The Hon'ble High Court of Madhya Pradesh (Gwalior Bench)
- CITATION: CRR No.3519/2018
- CAUSE TITLE: Rashi Gupta &Ors. v. Gaurav Gupta
- DATE OF ORDER:22 April 2022
- JUDGE(S): The Hon’ble Justice Mr. G. S. Ahluwalia
PARTIES
- Applicant(s): Rashi Gupta & Ors.
- Respondent: Gaurav Gupta
SUBJECT
The respondent had not filed the salary slip on the ground that compelling the husband to file the salary slip in the maintenance proceedings would be contrary to the protection given under Article 21 of the Constitution of India.
IMPORTANT PROVISIONS
The Constitution of India, 1950
Article 20- Protection in respect of conviction for offences.
(3) No person accused of any offence shall be compelled to be a witness against himself.
Article 21- Protection of life and personal liberty.
No person shall be deprived of his life or personal liberty except according to the procedure established by the law.
Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE
OVERVIEW
- In 2019, the following order was passed by the Family Court, Gwalior
- Counsel for the respondent sought time to file a It was opposed by the petitioner by submitting that respondent was making attempts to delay the matter.
- The Court ordered the respondent to give Rs. 18,000/- in total per month to the petitioners as maintenance.
- The respondent was directed to file a reply within two weeks, else matter should be heard without reply. It was further expected that the respondent shall submit the appropriate documents in support of his submission regarding the salary structure of respondent. It was also expected that the respondent shall pay a regular maintenance amount to his wife and children (the petitioners).
- In response to the order, the respondent filed his reply but did not file the salary slip.
ISSUE
Whether producing salary slips in maintenance proceedings be violative of fundamental rights under Articles 20 and 21 of the Constitution of India?
ARGUMENTS ADVANCED BY THE RESPONDENT
- It was submitted that compelling the respondent to disclose his income was violative of his right to privacy, embodied under Article 21 of the Constitution of India.
- The respondent had also taken the defence of Article 20 of the Constitution of India and submitted that no one can be compelled to give evidence against himself.
JUDGMENT ANALYSIS
- InShamima Farooqui Vs. Shahid Khan [(2015) 5 SCC 705], the Supreme Courtheld that a wife was entitled to enjoying the same status, that she enjoyed in her matrimonial house.
- InRajnesh Vs. Neha and Anr. [(2021) 2 SCC 324], the Supreme Court held that while adjudicating the quantum of maintenance, the status of the parties was also one of the important considerations.
- The Hon’ble Delhi High Court in Chander Parkash v. Shila Rani, [AIR 1968 Del 174]held that the onus was on the husband to establish with necessary material that there were sufficient grounds to show his inability to maintain the family, and discharge his legal obligations for reasons that are not in his control. If the husband does not disclose the exact amount of his income, an adverse inference could be drawn by the court.
- Article 20(3) of the Constitution of India provides that no person/accused of any offence shall be compelled to witness against him. Admittedly, the respondent was not an accused sothere was no question of conviction of the respondent. Therefore, the protection granted under Article 20(3) of the Constitution of India did not apply to the respondent.
CONCLUSION
Where the financial status of the parties was one of the relevant considerations for adjudicating the suit, then asking the husband to produce his salary slip could not be termed as a violation of his privacy. Further, the wife could not be held to be a stranger and was entitled to know the salary of her husband. Since the respondent had refused to place his salary slip on record, therefore, it was held that the Court might draw an adverse inference against the respondent.
As prayed by the counsel for the applicants, the case was listed in the week commencing 20/06/2022 for the final hearing.
Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE
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