Delhi High Court: Husband’s ITR Details Not Disclosable to Wife Under RTI in Matrimonial Disputes

The Delhi High Court has ruled that a husband’s income tax records cannot be accessed by his estranged wife through the Right to Information Act, 2005, in the course of matrimonial disputes.

Justice Purushaindra Kumar Kaurav delivered the decision while allowing a writ petition filed by a husband challenging an order of the Central Information Commission dated July 22, 2021. The CIC had directed disclosure of the husband’s net taxable income from the financial year 2007–08 onwards.

Setting aside the CIC’s directive, the Court held that income tax returns constitute “personal information” and are protected under Section 8(1)(j) of the RTI Act. It observed that disclosure of such financial details would amount to an unwarranted invasion of privacy and does not satisfy the statutory requirement of “larger public interest.”

The case arose out of matrimonial proceedings where the wife sought access to the husband’s financial records to substantiate her claim for maintenance. The Court rejected this approach, clarifying that personal financial information cannot be obtained through RTI mechanisms in private disputes.

In reaching its conclusion, the Court relied on the Supreme Court’s ruling in Girish Ramchandra Deshpande v. Central Information Commissioner, which recognised income tax returns as personal information exempt from disclosure unless a clear and overriding public interest is demonstrated.

Interpreting Section 8(1)(j), the Bench emphasised that the RTI framework prioritises the protection of individual privacy and that matrimonial disputes, being inherently private, do not meet the threshold of larger public interest required to override this exemption.

Addressing the wife’s contention that such information was necessary for maintenance proceedings, the Court pointed to the safeguards laid down in Rajnesh v. Neha. The Supreme Court in that case mandated comprehensive affidavits of assets and liabilities by both parties, ensuring that courts have sufficient material to adjudicate maintenance claims.

The High Court concluded that the wife retains the right to seek financial disclosure through appropriate judicial proceedings but cannot invoke the RTI Act for that purpose. Holding the CIC’s order legally untenable, the Court set it aside and disposed of the petition.