The Madhya Pradesh High Court has given an important verdict. The Gwalior bench has said that a wife asking for her husband's salary slip for effective decision of the home maintenance process does not mean depriving her of her privacy or personal liberty. The court ruled that asking the employed husband about his salary slip cannot be termed as a violation of his privacy. The court has given this important verdict while hearing a divorce case.
In the divorce case, the family court had ordered the husband to pay Rs 18,000 per month as alimony for the wife and child. However, the wife had alleged that her husband was trying to suppress and prolong the case. So the case reached the High Court. At that time, the court ordered the husband to submit information regarding his salary.
Responding to the court order, the husband recorded the reply but did not file the salary slip. The husband had not filed the pay slip, citing the fact that it was against personal protection under section 21 of the Constitution. 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.
Referring to various landmark judgments of the Madhya Pradesh High Court, court said that asking the parties to submit their pay slips when the financial situation of the parties is critical cannot be termed as violation of their confidentiality. However, the court ruled that the defendant's refusal to show his salary slip could result in a court ruling against him. The case is set to go to trial next month.