In a recent case, a man's attempt to avoid alimony and child support payments by falsely claiming he was unemployed was thwarted when his wife used the Right to Information (RTI) Act to uncover his true income. The Jharkhand High Court has now ordered him to pay ₹90,000 per month to his ex-wife and their autistic son after an RTI reply revealed that he was earning ₹27 lakh annually.

The woman had initially challenged a family court's decision in 2023 to award her a one-time alimony of ₹12 lakh, arguing that the amount was insufficient, especially considering their son's special needs and ongoing therapy requirements. She also alleged domestic abuse, dowry demands, and abandonment. Her ex-husband, on the other hand, submitted an affidavit claiming he was unemployed.

To verify his employment status, the wife filed an RTI request with the Income Tax Department. The response revealed that the man was employed with an IT company in Mumbai and had a gross annual income of ₹27 lakh in the financial year 2022-23, which is approximately ₹2.3 lakh per month after deductions.

Armed with this information, the woman appealed to the Jharkhand High Court. The High Court took strong note of the RTI response, criticizing the family court for accepting the husband's claim of unemployment without further verification. The court also recognized the full-time caregiving burden on the mother, especially given her son's autism.

The High Court enhanced the monthly alimony to ₹90,000, which includes ₹50,000 for the wife and ₹40,000 for the child's care and therapy needs. The court also directed that the alimony amount would be subject to a 5% increase every two years to account for inflation. Furthermore, the court stated that if the husband fails to disburse the amount, his employer would be notified to directly transmit the alimony to the wife's account.

The High Court bench, comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar, observed that autism is incurable and requires regular treatment that incurs huge expenditure. The court also commented on the husband's moral and legal obligations, stating that "desertion of wife is one thing, but desertion of an autistic child is not only a moral failure but a legal default".

This case highlights the importance of the RTI Act as a tool for obtaining information and ensuring transparency, especially in cases involving maintenance and alimony. It also underscores the courts' responsibility to thoroughly verify claims made by parties in legal proceedings, particularly when vulnerable individuals like children with special needs are involved.