Can’t seek spouse’s income details under RTI Act: HC

An individual cannot obtain details of their spouse’s income from authorities by filing an application under the Right to Information (RTI) Act, the Delhi High Court has ruled after a wife claimed the information was necessary for the proper adjudication of her maintenance claim.

Personal information, unless related to public interest, is exempted from disclosure under Section 8 (1)(j) of the Act, and as per the Supreme Court, an individual’s income tax returns fall within that category, Justice Purushaindra Kumar Kaurav said.

The court was dealing with her husband’s petition challenging an order of the Central Information Commissioner (CIC) directing the income tax authorities to reveal the details of his next taxable income for the financial years 2007-2008 on an RTI application by his estranged wife.

 Setting aside the CIC order passed in 2021 for being “unsustainable in law,” the High Court in the judgement passed on April 28, said the information sought by the wife was undoubtedly the petitioner’s ‘personal information,’ which cannot be directed to be disclosed because it did not fall under the exception of “larger public interest.”

The court said the RTI Act was enacted to promote transparency in the working of public authorities and the intent of the legislature could not have been to allow disclosure of individuals’ personal information that has no bearing on the public at large.

The wife argued that the disclosure of the petitioner’s income details under the RTI Act was necessary for the proper adjudication of her maintenance claim.

The court, however, said such a contention cannot be accepted as there were other legal remedies available to her.

It said the law requires both the parties in a maintenance claim to file affidavits of their income, assets, and liabilities, in order to enable proper adjudication.