Karnataka High Court sets clear rules for accessing spouse’s income records in maintenance cases

New guidelines ensure fair maintenance decisions while protecting privacy, ruling out RTI route and defining strict court-led procedures

In a significant ruling, the Karnataka High Court has framed comprehensive guidelines for trial courts to access income tax returns and financial records of spouses during maintenance and alimony proceedings. The court clarified that couples involved in matrimonial disputes cannot obtain each other’s financial details through the Right to Information (RTI) Act, as such records are considered personal information.

Justice Suraj Govindaraj delivered the judgment while allowing a petition filed by the Income Tax Department and setting aside a directive issued by the Central Information Commission, which had ordered the department to disclose a man’s income tax returns to his estranged wife. The court accepted the department’s argument that income tax returns cannot be shared under RTI, except in cases of larger public interest.

Also Read:Property tax crackdown sparks row: GBA accused of targeting poor, sparing big defaulters

However, recognising the genuine difficulties faced by spouses in proving the actual income of their partners, especially when claims are disputed, the court stated that trial courts possess sufficient legal authority to summon financial documents directly from official sources. The ruling mandates that in every maintenance or alimony case, trial courts must, at the earliest stage and preferably during the first effective hearing, assess the financial capacity of both parties. Courts must also ascertain whether either spouse seeks production of financial records from the Income Tax Department or other relevant authorities.

The court strongly emphasised that maintenance should not be determined merely on oral statements or unverified claims. When income is contested, trial courts must proactively exercise their powers to summon documentary evidence, including income tax returns and related financial records, instead of relying on assertions.

As per the guidelines, a spouse seeking such information must submit a formal application before the trial court. The court must evaluate the necessity and, if justified, issue a ‘production order’ to the concerned department, directing submission of records in a sealed cover. Hearings on such applications must be completed within 14 days, after issuing notice to the opposite party. The Income Tax Department, through designated nodal officers, is required to comply with such judicial orders within 21 working days.

Also Read:After Chickpet fire scare, GBA orders citywide safety audit, forms special committee

To safeguard privacy, the court laid down strict protective measures. The trial court must open the sealed documents only in the presence of both parties and permit inspection. The applicant spouse must file a written affidavit undertaking that the information will be used solely for maintenance proceedings and not disclosed to any third party or used for any other purpose. Courts may restrict access to inspection alone, deny photocopies, and allow notes only of relevant portions. Any misuse of information will be treated as contempt of court and abuse of legal process.

The court clarified that these guidelines are gender-neutral, applying equally to applications made by wives and husbands. The directions also extend to seeking financial records from the Goods and Services Tax (GST) Department, Employees’ Provident Fund Organisation (EPFO), banks, and other institutions holding financial data of a spouse.

Also Read:Film director abducted and brutally assaulted over money dispute; Actress among 11 arrested