Asking husband to produce salary slip during maintenance proceedings not in violation of privacy: Madhya Pradesh High Court

The Madhya Pradesh High Court recently held that asking a husband to produce his salary slip during maintenance proceedings will not amount to violation of his right to privacy under Article 21 [Rashi Gupta v Gaurav Gupta]..Justice GS Ahluwalia stated that it was clear that life and liberty of a person could be deprived in accordance with procedure established by law.“Giving an opportunity to the husband to file his salary slip for effective adjudication of the maintenance proceedings cannot be said to be depriving him of his life and personal liberty,” the Court held..The respondent - husband in the case was asked to file documents supporting submissions regarding his salary structure. He refused on the ground that compelling him to do so would be contrary to protection given under Article 21 of the Constitution.He also stated that under Article 20, no one could be compelled to give evidence against themselves..However, the Court rejected the argument reasoning that since the respondent was not an accused, the protection under Article 20 would not apply to him.“There is no question of conviction of the respondent. Article 20(3) of the Constitution of India provides that no person/accused of any offence shall be compelled of the witness against him. Admittedly, the respondent is not an accused”, the order explained..Therefore, it was held that where the financial status was relevant for adjudication, the husband being asked to produce his salary slip could not be termed a violation of his privacy..The single judge also said that in such a circumstance the court could draw an adverse inference against the husband.“Since, the respondent has refused to place his salary slip on record, therefore, it is held that under these circumstances, this Court may draw an adverse inference against the respondent.”.Advocate DD Bansal appeared for the petitioner while the respondent was represented by Advocate MM Tripathi..[Read Order]