New Delhi: The Central Information Commission has directed the Income Tax Department to disclose “generic details of the net taxable income/gross income” of an estranged husband to his wife for pursuing maintenance proceedings, holding that such information cannot be denied on privacy grounds in matrimonial disputes.
In a recent order passed by Information Commissioner Vinod Kumar Tiwari, the Central Information Commission (CIC) said that upon verification of marital status and pendency of a matrimonial or maintenance case, the respondent authority (income tax) shall provide the information sought, while clarifying that “the details/copy of income tax returns and other personal information of third-party need not to be disclosed”.
The case involved a woman who sought the income details of her husband for the last five assessment years, alleging that he was concealing his actual earnings to evade maintenance liability. The Income Tax Department had rejected the RTI request, citing third-party personal information under Section 8(1)(j) of the RTI Act.
Allowing the appeal, the Commission observed that information relating to income does not remain purely personal when sought by a legally wedded spouse for maintenance litigation, and directed the appellant to submit documents establishing her marital relationship and the pendency of the case before a competent court. In a similar order, the CIC held that a deserted wife seeking the income details of her husband for adjudication of maintenance proceedings was entitled to limited disclosure.
The Commission directed the respondent authority to provide the “generic details of gross income or taxable income” of the husband.