Wife can't use RTI to access husband's ITRs for maintenance case: Delhi HC
The Delhi High Court has ruled that a wife cannot use the RTI Act to access her husband's income tax returns for a maintenance case, deeming ITRs as "personal information" exempt from disclosure. The court clarified that matrimonial disputes should not be a basis for disclosing private financial information through RTI, as other legal remedies exist.
Why it matters
This ruling clarifies the scope of the RTI Act regarding personal financial data in private disputes, setting a precedent for privacy rights versus disclosure in matrimonial cases. It could impact how financial information is sought in such legal proceedings, emphasizing existing matrimonial law remedies.
The Delhi High Court has ruled that the wife cannot use the RTI Act, 2005 to get her husband's income tax information for use in maintenance proceedings because income tax returns are “personal information” exempted from disclosure under Section 8(1)(j) of the RTI Act, 2005. The Court clarified that matrimonial disputes cannot be converted into a ground for disclosure of private financial information through the RTI mechanism, particularly when remedies for financial disclosure already exist under matrimonial law.Justice Purushaindra Kumar Kaurav delivered the judgment in a writ petition filed by the husband challenging an order passed by the Central Information Commission directing disclosure of his net taxable income from the financial year 2007-08 onwards.Background of the DisputeThe dispute arose out of ongoing matrimonial litigation between the petitioner-husband and respondent-wife.
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