Can Courts Ask Husbands to Submit Salary Slips in Maintenance Cases? MP High Court Clarifies
The Madhya Pradesh High Court recently ruled that a court can ask a husband to submit his salary slip in a maintenance case without violating his constitutional rights. The decision came during an appeal related to a maintenance order issued by the Family Court, Gwalior.
The case involved a husband directed to pay ₹18,000 per month as maintenance to his wife and children. Allegations were made that the husband was delaying the case by withholding his salary details. The High Court had earlier instructed the husband to disclose his salary as part of the reply in the proceedings.
Key Legal Arguments
The husband refused to submit his salary slip, citing Article 21 of the Indian Constitution, which protects an individual’s right to life and liberty. He also invoked Article 20, which prevents a person from being compelled to provide evidence against themselves.
However, Justice G.S. Ahluwalia dismissed these claims, stating that:
- No Conviction Risk: Since the case was filed under Section 125 of the CrPC, it was a civil proceeding, not criminal. Hence, Article 20 did not apply.
- Privacy Not Violated: The court referred to various judgments, concluding that financial disclosure, such as providing a salary slip, is necessary in cases where the financial status of the parties is relevant.
Court’s Observations
The court emphasized that requesting financial details ensures fair adjudication of maintenance claims. It stated that failing to produce such details could lead to adverse inferences against the husband.
The case was scheduled for its final hearing on June 20, 2022, with the court highlighting that financial transparency is crucial in determining adequate maintenance.
This ruling underscores the importance of financial disclosure in maintenance cases, ensuring fair treatment for the dependent spouse and children.
Case Title: Rashi Gupta vs Gaurav Gupta
Case No.: CRR No. 3519/2018
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