Madras HC upholds order directing a man’s employer to disclose his salary details to his wife

Recently the Madras High Court upheld an order issued by the State Information Commissioner, saying that unless a woman knows the amount of salary received by her husband, she cannot make her fair claim.

The court was hearing a petition filed by the husband challenging an order directing the husband’s employer to disclose specific basic service details to the woman who was in the process of seeking maintenance from him.

Initially, the woman had directly contacted the husband’s employer to get information about her spouse’s salary and related details. However, faced with the objections raised by the husband, the employer withheld the information sought. The appellate authority also refused to intervene.

A single-judge bench of Justice GR Swaminathan said the State Information Commissioner had passed an appropriate order directing the husband’s employer to disclose the requested information.

“In the facts and circumstances of the case, the fourth defendant cannot be called a third party. When matrimonial proceedings are pending between them, the fourth respondent is required to furnish certain basic details,” the bench said.

“The quantum of maintenance payable to the fourth respondent will depend on the salary drawn by the petitioner,” the bench said.

The Court also referred to an order passed by the Madhya Pradesh High Court in the case of Sunita Jain vs. Pawan Kumar Jain and others (2018). It was held that the wife has the right to know how much remuneration her husband is getting from the employer.

Considering the discussion, the court rejected the petition filed by the husband.