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The Gwalior bench of Madhya Pradesh High Court has observed that asking the husband to file his salary slip for effective adjudication of a maintenance proceeding cannot be said to be depriving him of his life and personal liberty.

Justice G.S. Ahluwalia further noted that asking for salary slips cannot be termed a violation of privacy.

In the present case, a Principal judge of Gwalior Family Court had directed the husband to pay Rs 18,000 per month to his wife and children as maintenance. However, he tried to delay the matter.

After the aggrieved wife moved High Court, the bench directed the husband to file a reply with appropriate documents to support his claims in connection to his salary.

The husband filed his reply but did not attach his salary slips citing the reason that compelling the husband to file salary slips for maintenance proceedings would be contrary to the protection given under Article 21 of the Indian Constitution.

The husband also mentioned Article 20 of the Constitution of India submitting that no person can be compelled to produce evidence against himself.

The bench noted that since the instant revision arises out of the proceedings registered under Section 125 of Cr.P.C, 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.

Referring to the previous such rulings by Supreme Court, the bench stated 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.

The matter has been posted for hearing on 26 June, 2022.


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