Can one Spouse asks for Income details of another Spouse from Income Tax Department?

As per Central Information Commission’s order in the landmark case “Sunita Jain V. Pawan Kumar Jain”, the answer is “yes”. This ruling of Central Information was against an appeal filed by Rahat Bano of Jodhpur post the decision of IT Department where it considered that income details are asked by third parties. IT Department intellect was that as per section 2(n) of RTI Act, a partner asking the information is considered as a Third Party.

On November 6, 2020, Neeraj Kumar the Information Commissioner while listening to the second appeal filed by the Complainant’s wife directed the Income Tax Department to provide the income information in 15 days from the date of filing RTI. 

Either Spouse can seek the disclosure of “gross annual income” of the other Spouse so either party can defend himself or herself in any matrimonial case. Hence, it is legal to provide numerical figures of gross salary to one’s partner to the spouse.

Interpretation of Rahmat Bano V. CPIO (Central Information Commission, New Delhi):

Husband and wife do not fall under ambit of Section 8 (1) (j) as both parties are husband and wife and as a wife she is entitled to know what remuneration her husband is getting.

In a marital litigation, specifically confined to maintenance, component of salary cannot be confined to the category of personal information about the husband 

IT Department was conveyed that generic details of the husband’s gross salary shall be submitted to the wife within 15 days of filing RTI.

Earlier it was considered that filing of return with the Income Tax Department is not a public activity, in spite it is obligatory which citizen owes to the state and he is duty bound to pay his taxes, this information cannot be disclosed. Later this decision was reversed. In 2014, this concept of right to know the salary of the spouse was only available for partners of government employees and was decided that these details shall be made public by their offices and these details were to be voluntarily disclosed and shall not be considered third party interference.

The Bombay High Court ruled in Rajesh Ramchandra Kidile vs. Maharashtra SIC and Others that “In a litigation, where the issue is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband, therefore accessible by the wife.” The commission has cited this decision.

Additionally, it was decided by the Commission that the information sought by appellant  regarding copies of Income Tax returns of the partner is personal information of a third party which cannot be disclosed under section 8 (1)(j) of RTI Act.

Lead India has a plethora of lawyers who will guide you  through the maintenance case in all possible ways. Moreover, we can draft requisite RTIs in case it is necessary for your case. You will get the proper guidance and assistance from our side.