Can a Wife Access Her Husband’s Salary Through RTI? High Court Clarifies Privacy Rules

A recent ruling by the Rajasthan High Court has brought fresh clarity to a sensitive legal question: Can a wife obtain her husband’s salary details using the Right to Information (RTI) Act? The court’s decision underscores the primacy of personal privacy while also explaining the limited situations in which income details may be disclosed.

The judgment came after a woman’s RTI plea seeking her husband’s salary information was rejected by the concerned government department. The High Court upheld that rejection, reinforcing that salary and service records are generally protected as personal information under the law.

Court Says Salary Details Are Personal Information

In its ruling, the High Court clearly stated that an employee’s service record, performance details, and salary information fall within the category of “personal information.” Such data cannot ordinarily be disclosed under the RTI framework.

The bench observed that salary information is treated as third-party information, meaning it belongs to the employee and cannot be shared without proper legal justification. The court emphasized that disclosure is permissible only when a larger and demonstrable public interest is involved.

Since no such public interest was established in the present case, the court dismissed the wife’s petition.

Background of the Dispute

The case arose from a marital dispute involving Kanta Kumawat and her husband Omprakash Kumawat, who is employed in the police department. The wife had filed an RTI application seeking copies of her husband’s salary slips from January to March 2024.

The department refused the request, citing privacy protections under the RTI Act and stating that salary details constitute exempt third-party information. Challenging this decision, the petitioner approached the Rajasthan High Court in October 2024, seeking directions for disclosure.

However, the court sided with the government authority and reiterated that such employment-related information remains a private matter between employer and employee.

Reliance on Supreme Court Precedent

Legal experts noted that the High Court relied on the landmark judgment in Girish Ramchandra Deshpande v. CIC by the Supreme Court of India.

In that case, the apex court held that details related to an employee’s service record and employment are primarily matters between the employee and the employer. Disclosure under RTI is not justified unless overriding public interest is clearly demonstrated.

By invoking this precedent, the Rajasthan High Court reaffirmed the strong privacy protections built into the RTI framework.

When Can a Wife Access Salary Information?

While the ruling appears strict, legal experts say the door is not completely closed. A wife may obtain her husband’s income details in specific legal circumstances, particularly when maintenance or alimony disputes are pending before a court.

Under Section 8(1)(j) of the RTI Act, personal information is exempt from disclosure. However, courts handling matrimonial disputes often require both spouses to disclose their financial status through affidavits.

In such cases:

• The court may direct disclosure of income

• Salary slips may be produced as evidence

• The wife is not treated as a typical third party

This exception exists because accurate income data is essential for determining fair maintenance.

What About Income Tax Returns?

Experts also clarified that a husband’s Income Tax Return (ITR) generally cannot be accessed by the wife through RTI in normal circumstances. Tax filings are also treated as personal information protected from public disclosure.

However, similar to salary details, courts may order production of ITR documents when they are necessary to decide maintenance or alimony disputes.

Differing Views Across Courts

Legal commentators point out that various High Courts have interpreted the issue differently depending on case facts. In matrimonial litigation, courts — including the Supreme Court — have stressed that both spouses should fully disclose their income, assets, liabilities, and expenses through sworn affidavits.

This helps courts determine appropriate maintenance amounts fairly and transparently.

At the same time, the judiciary has consistently maintained that employment records, tax data, and financial details remain private under RTI unless a strong public interest is demonstrated.

Bottom Line

The Rajasthan High Court’s ruling reinforces a key legal principle: a wife cannot ordinarily obtain her husband’s salary details through RTI because such information is protected as personal data.

However, in ongoing matrimonial disputes — especially maintenance or alimony cases — courts may compel disclosure through proper legal channels.

For individuals involved in similar situations, legal experts recommend pursuing remedies through family courts rather than relying solely on RTI applications.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers should consult a qualified legal professional for case-specific guidance.