Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC

A bench of Justice JC Doshi also added that in a proceeding under Section 125 CrPC, there is a tendency to avoid placing the correct scenario of the income; therefore, the husband's truthful income generally never surfaces.

In this regard, the Court also referred to the Supreme Court's ruling in the case of Kiran Tomar vs State of Uttar Pradesh 2022 LiveLaw (SC) 904, wherein it was observed that the income tax returns may not be an accurate guide of the real income of parties engaged in a matrimonial conflict and hence, a Family Court has to determine the real income on a holistic assessment of the evidence before it.

The High Court was essentially dealing with a revision plea filed by one Meghrajsinh (husband) challenging a family court's order directing him to pay Rs.40,000/- as maintenance towards the respondent-wife and her daughter

Before the High Court, the counsel of the husband contended that the income of the petitioner-husband was less than the amount of the maintenance granted by the Family Court.

It was submitted that the Family Court did not consider the salary slip of the husband which indicates that he was getting Rs.23,600/- per month. It was also argued that the family Court ignored the aspect that the wife is highly qualified and she was serving at a University in the capacity of Manager.

It was also submitted that the wife was capable of earning and maintaining herself but the Family Court had not considered the sole aspect although sufficient evidence was produced.

On the other hand, the advocate appearing for the wife, while supporting the family court's order, submitted that the court had thoroughly assessed the evidence on record to conclude that her husband was earning around Rs.1 to 1.5 Lakh per month as there was no evidence produced by the husband indicating his income.

It was further submitted that the wife was working at one point in time and after six months, she resigned and thereafter she was not earning any amount at present.

In the background of evidence produced and the facts of the case, the Court examined the impugned order of the Family Court to note that it had assessed and examined this issue and had concluded that the husband was suppressing his true income.

The Court further noted that the petitioner-husband did not produce any income tax returns during the trial.

Further, noting that it is difficult to assess the income of the self-employed person in the unorganized sector, the Court said that in such cases, the Courts are required to do some guesswork as the truthful income generally never surfaces.

Against this backdrop, emphasising that the revisional scope is limited in such cases, the Court found no good case to interfere in the Family Court's order and hence, the revision plea was dismissed.

Case Title - Meghrajsinh S/O Manharsinh Chudasma Vs. Meghaviniba W/O Meghrajsinh Chudasama D/O Prahladsinhji Pradyumansinhji Jadeja & Anr.

LL Citation: 2024 Livelaw (Guj) 38 

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