New Delhi: The Central Information Commission (CIC) has directed the Income Tax Department to disclose generic details of an estranged husband’s taxable or gross income to his wife for the purpose of pursuing maintenance proceedings, ruling that such information cannot be denied on the grounds of privacy in matrimonial disputes.
In a recent order, Information Commissioner Vinod Kumar Tiwari held that once the marital relationship and the pendency of a matrimonial or maintenance case are verified, the income tax authorities are required to provide limited income-related information. The Commission clarified, however, that copies of income tax returns and other sensitive personal details of the third party need not be disclosed.
The case arose after a woman sought information about her husband’s income for the past five assessment years, alleging that he was deliberately concealing his actual earnings to evade his maintenance obligations. The Income Tax Department had rejected her RTI application, citing Section 8(1)(j) of the Right to Information Act, which exempts disclosure of personal information relating to a third party.
Allowing the appeal, the CIC observed that income-related information does not remain purely personal when sought by a legally wedded spouse for adjudication of maintenance claims. The Commission directed the appellant to submit documents establishing her marital status and proof of a pending case before a competent court, following which the department must share the generic income figures.
In a similar matter, the Commission held that a deserted wife seeking her husband’s income details for maintenance proceedings was entitled to limited disclosure. It noted that generic information on gross or taxable income was essential for her livelihood and for the effective adjudication of her claim.
At the same time, the CIC reiterated that the disclosure would be restricted to broad income figures and would not extend to income tax returns or other confidential personal information, which remain protected under the RTI Act.
The Commission also drew a clear distinction between income tax records and bank-held financial information. In a separate order involving the State Bank of India, the CIC ruled that details of bank lockers sought by a husband were exempt from disclosure as third-party personal information held in a fiduciary relationship under Sections 8(1)(e) and 8(1)(j) of the RTI Act.
In another SBI-related case, the Commission observed that bank balances and deposit details of a spouse are held by banks in a fiduciary capacity and cannot be accessed through the RTI mechanism.
