Recently, the MP High Court has ruled that giving an opportunity to the husband to find his salary slip for adjudicating a maintenance plea can’t be said to deprive the husband of his life and liberty.

The Bench of Justice GS Ahluwalia further said that such an order can’t be termed a violation of the husband’s privacy.

In this case, the Family Court, Gwalior had directed the husband to pay Rs 18000 as a monthly maintenance to his wife and children but it is alleged that the husband is trying to delay the matter.

In the Appeal, the High Court had asked the husband to file his reply mentioning details of his salary.

The husband filed his reply but did not disclose salary details on the ground that it would be a violation of protection granted to him under Article 21 of the Indian Constitution.

The husband took defence of Article 20 to contend that a person can’t be compelled to give evidence against himself.

However, the court was not impressed and said that the case arises out of proceedings u.s 125 of CrPC and there is no question of the husband being convicted, so he cannot take the defence of Article 20.

The court then referred to various judgments to observe that in cases where the financial status of parties is a relevant concern, then asking a party to disclose financial details like salary, can’t be termed a violation of privacy.

The court then remarked that as the husband has not produced any salary slip, the court might draw an adverse interference against him and posted the case to June 20 2022 for the final hearing.

Title: Rashi Gupta vs Gaurav Gupta

Case No.: CRR No.: 3519/2018