Section 8(1)(j) of RTI Act, 2005 does not waive the entitlement of a wife to know about husband’s remuneration in light of obtaining maintenance

Smt Sunita Jain vs Pawan Kumar Jain and others

Madhya Pradesh High Court

15/05/2018

W.A. No.168/2015

About/from the judgment:

Section 8(1)(j) of RTI Act, 2005 does not waive the entitlement of a wife to know about husband’s remuneration in light of obtaining maintenance

 

While allowing an appeal, court decided a writ in which the appellant- wife sought information in regard to the salary of respondent 1- husband in reference to obtaining maintenance amount.

 

The brief facts of the case state that Respondent 1-husband held a very high officer position in the Telecommunication Department and was also earning an amount of Rs. 2,25,000 per month, whereas the appellant, an advocate though not in practice, was attaining an amount of Rs. 7000 as maintenance from her husband.

 

For the stated amount of maintenance, the appellant had filed an application under Section 91 of CrPC to obtain a direction in which the respondent was asked to submit his payslip so that correct maintenance amount could be calculated accordingly, but the trial court had rejected her application. Further an application under the Right to Information Act, 2005 was submitted in quest of the same details as mentioned above, which eventually was taken to Central Information Commission. CIC had then asked the CPIO, BSNL to provide the said details.

 

Challenging the order of CIC, the only claim that was raised upon from the side of the respondent was that he was not given an “opportunity of hearing” which is the violation of principles of natural justice, for which the learned Single Judge had given an opportunity to hear and directions were issued to CIC for fresh appeal. In the second round of writ petition the order of CIC to provide information asked was challenged both by Respondent 1 and BSNL.

 

However, in accordance to Section 8(1) (j) of the said Act, “the information which has no relation to any public activity or interest, or which would cause unwarranted invasion of privacy”, is exempted from being disclosed, the Court allowed the appeal by stating the fact that appellant is the wife of Respondent 1 which gave her the right and entitlement to know the remuneration of her husband.

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