The Madhya Pradesh High Court (Gwalior Bench) in its order dated April 29, 2022 has observed that 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 Bench of Justice G. S. Ahluwalia further held that asking the husband to produce his salary slip in such a proceeding cannot be termed as a violation of his privacy.
Case:
Principal Judge, Family Court, Gwalior, had ordered the husband to pay Rs 18,000 per month to his estranged wife and children as maintenance. However, the husband was allegedly trying to delay the matter.
The wife thus moved High Court that directed the husband to file a reply submitting the appropriate documents in support of his submission regarding his salary structure.
Arguments by Husband
The husband filed his response, however, he did not file the salary slip on the ground that compelling the husband to file the salary slip in the maintenance proceedings would be contrary to the protection given under Article 21 of the Constitution of India.
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.
Madhya Pradesh High Court
At the outset, the Court said that since the instant revision arises out of the proceedings registered under Section 125 of CrPC, 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.
Further, the High Court referred to various landmark rulings of the Supreme Court, particularly Rajnesh Vs. Neha and Another reported in (2021) 2 SCC 324, where the financial status of the parties is one of the relevant considerations for adjudicating the lis.
According the High Court concluded that asking the husband to produce his salary slip cannot be termed as a violation of his privacy.
Consequently, noting that since the respondent husband had refused to place his salary slip on record, therefore, the Court held it may draw an adverse inference against the respondent. With this the Court listed the matter in the week commencing 20/06/2022 for final hearing at the motion stage.
READ ORDER | Asking Husband To Produce His Salary Slip Cannot Be Termed As Violation Of His Privacy | Section 125 CrPC | Madhya Pradesh HC#InTheLaw #GenderBiasedLaws
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