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Wife can access man's ‘generic’ income details, CIC tells tax dept privacy won't apply: What order says
Case involved a woman who sought income details of husband for last five years, alleging he was concealing his actual earnings to evade maintenance liability
The Central Information Commission (CIC) has allowed woman access to generic details of her estranged husband's income in case of maintenance proceedings against him. The CIC has directed the Income Tax Department to disclose such details, holding that such information cannot be denied on privacy grounds in matrimonial disputes, news agency PTI reported on Tuesday.
The order was passed by Information Commissioner Vinod Kumar Tiwari, though with a caveat. The report said the CIC noted that upon verification of marital status and pendency of a matrimonial or maintenance case, the respondent authority (income tax department) shall provide the information sought, while clarifying that “the details/copy of income tax returns and other personal information of third-party need not be disclosed”.
What was the case?
The case in which the order was passed 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.
The Commission allowed the appeal and 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.
The commission, however, reiterated that while generic income figures may be disclosed in such cases, copies of income tax returns and other sensitive personal details are exempt from disclosure under the RTI Act.
The CIC also drew a distinction in cases involving bank-held financial information.
Other similar orders
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 for the relevant assessment years after verification, noting that such information was "essential for her livelihood and for effective adjudication of her maintenance claim”.
In a separate order relating to the State Bank of India, the CIC held that bank locker details sought by a husband were exempt as "third party personal information" held in a "fiduciary relationship" under Sections 8(1)(e) and 8(1)(j) of the RTI Act.
In another SBI matter, the CIC observed that bank balances and deposit details of a spouse are "held by the bank in fiduciary capacity" and cannot be disclosed under the RTI Act.
