Asking a husband to produce salary slip during maintenance is not a violation of Article 21 - Madhya Pradesh HC

CASE: Rashi Gupta v Gaurav Gupta

COURT: Madhya Pradesh High Court ("HC")

The HC recently held that during a maintenance proceeding, asking a husband to show his salary slip does not amount to a violation of the right to privacy under Article 21. The life and liberty of a person, in this case, are not deprived under a procedure established by law.

In this case, the husband (respondent) was asked to file documents supporting his salary structure, to which he refused on the ground that it would be against the protection given under Article 21. He also stated that under Article 20 of the constitution, no one could be forced to give evidence against themselves.

The Court rejected the respondent's argument stating that Article 20 would not apply to the respondent as he is not an accused. Therefore, asking a husband to produce his salary slip could not be considered a violation of his privacy.