CIC Allows Wife Access to Husband’s Gross Income Details for Maintenance Proceedings, Subject to Court Case Verification [Read Order]
The commissioner observed that while adjudicating the matter, observed that in cases involving maintenance or matrimonial disputes, limited disclosure of income details may be warranted to ensure fairness in judicial proceedings.
CIC Allows Wife Access - Husband’s Gross Income - Taxscan
CIC Allows Wife Access - Husband’s Gross Income - Taxscan
The Central Information Commission (CIC) has directed the Income Tax Department to disclose the gross/net taxable income of an individual to his estranged wife, provided she establishes that a bona fide maintenance or matrimonial case is pending before a competent court.
A second appeal was filed by Soni Kumari, who sought details of her husband Chandra Prakash Gupta’s gross annual income from Assessment Year 2017-18 to 2023-24 to aid her pending maintenance proceedings before the Family Court, Sitamarhi, Bihar.
Initially, the Central Public Information Officer (CPIO) and First Appellate Authority (FAA) had denied disclosure citing Section 8(1)(j) of the RTI Act, holding that income tax records constituted “personal information” exempt from disclosure unless larger public interest was shown.
The CPIO had also noted that Mr. Gupta objected to the release of his financial details, stating the fiduciary nature of information provided to the Income Tax Department.
However, Information Commissioner Vinod Kumar Tiwari, while adjudicating the matter, observed that in cases involving maintenance or matrimonial disputes, limited disclosure of income details may be warranted to ensure fairness in judicial proceedings.
The Commission directed the Income Tax Department to first verify that the appellant is legally married to Mr. Gupta and that a genuine maintenance/matrimonial case is pending before a court of law.
After submission of litigation documents and supportive evidence by Ms. Kumari within two weeks, the Department must provide “generic details of the husband’s gross/net taxable income” for the requested assessment years, free of cost, within four weeks.
The CIC clarified that the disclosure will remain restricted to generic income figures and not extend to full Income Tax Returns or sensitive financial details. The commission entrusted the duty to the First Appellate Authority.
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