Asking Husband To Produce Salary Slip In Maintenance Proceedings Can't Be Termed As Violation Of Privacy: Madhya Pradesh High Court

The Madhya Pradesh High Court (Gwalior Bench) has observed that giving an opportunity to the husband to file his salary slip for effective adjudication of the maintenance proceedings cannot be said to be depriving him of his life and personal liberty.

The Bench of Justice G. S. Ahluwalia further held that asking the husband to produce his salary slip in such a proceeding cannot be termed as a violation of his privacy.

In the instant case, the husband was directed by the Principal Judge, Family Court, Gwalior, to pay Rs. 18,000/- in total per month his wife and children as maintenance. However, he was allegedly trying to delay the matter.

When the matter reached the High Court as the wife moved to the Court, the Court directed the Husband to file a reply submitting the appropriate documents in support of his submission regarding his salary structure. 

In response to the Court's order, the Husband filed his reply but did not file the salary slip on the ground that compelling the husband to file the salary slip in the maintenance proceedings would be contrary to the protection given under Article 21 of the Constitution of India.

He also took the defence of Article 20 of the Constitution of India and submitted that no one can be compelled to give evidence against himself.

At the outset, the Court said that since the instant revision arises out of the proceedings registered under Section 125 of Cr.P., therefore, there was no question of conviction of the respondent and therefore, Article 20(3) of the Constitution of India, which provides that no person/accused of any offence shall be compelled of the witness against him, shall not be applicable in the instant case.

Further, referring to various landmark rulings of the Apex Court, the Court observed that where the financial status of the parties is one of the relevant considerations for adjudicating the lis, then asking the husband to produce his salary slip cannot be termed as a violation of his privacy.

Consequently, noting that since the respondent had refused to place his salary slip on record, therefore, the Court held it may draw an adverse inference against the respondent. With this the Court listed the matter in the week commencing 20/06/2022 for final hearing at the motion stage.

Case title - Rashi Gupta & Ors. v. Gaurav Gupta 

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