Rajasthan High Court: Wife Cannot Seek Husband’s Salary Details Through RTI

In a recent ruling, the Rajasthan High Court addressed whether a wife can seek her husband’s salary details through the Right to Information Act. The Court made it clear that such information is generally protected as personal data.

The case arose when Kanta Kumawat filed an RTI application seeking copies of her husband Omprakash Kumawat’s salary slips for three months in 2024. Omprakash is employed in the police department. The department refused to disclose the information.

Challenging this refusal, the wife approached the High Court. She sought directions for disclosure of the salary records. The State defended its decision by arguing that salary details form part of personal service records.

The High Court agreed with the State authorities. It held that details relating to an employee’s salary, service record, and performance amount to “personal information” under the RTI Act. Such information cannot be disclosed without a valid legal basis.

The Court relied on the Supreme Court’s judgement in Girish Ramchandra Deshpande v. CIC. In that decision, the Supreme Court had ruled that service-related information is primarily a matter between the employee and the employer and is protected from disclosure.

The High Court further observed that salary details fall within the category of third-party information. Under the RTI Act, such information can only be disclosed if there is a substantial public interest involved. In this case, no such public interest was shown.

As a result, the petition was dismissed. The Court upheld the department’s refusal and reinforced the importance of protecting individual privacy under the RTI framework.

However, the judgement also brings clarity on an important exception. When there is a pending matrimonial dispute or a maintenance case before a court, the position may change.

In maintenance proceedings, courts require both parties to disclose their income, assets, expenses, and liabilities. Accurate financial information becomes essential to determine a fair maintenance amount. In such situations, income details may be directed to be produced before the court.

Legal experts have pointed out that Section 8(1)(j) of the RTI Act protects personal information unless public interest justifies disclosure. Salary slips and income tax returns are generally treated as private documents.

Different High Courts have taken varied approaches depending on the facts. Some courts have allowed disclosure in maintenance matters, recognising the wife’s right to seek financial clarity during marital disputes.

The ruling of the Rajasthan High Court underlines a key principle. RTI cannot be used as a tool to access personal employment records unless there is a strong legal or public interest ground. Privacy remains a protected right under law.