Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court

The Gujarat High Court has observed that the valuation of the husband's economic condition put forth by the wife, if not disputed by the husband (backed by appropriate materials), can be taken as a base to determine interim maintenance to the wife. 

The bench of Justice Umesh A Trivedi also observed that a husband is required to lead cogent evidence to prove that his wife leads an adulterous life before the Court to make a case that his wife is not entitled to maintenance.

The case in brief 

The Court observed thus while dealing with a Revision Application filed by one Jayantibhai (husband) challenging the order of a Family Court determining interim maintenance of Rs.30,000/- per month to be given by him to his wife the wife and daughters.

It was the submission of his counsel that since revisionist's wife is leading adulterous life, therefore, she is not entitled for maintenance, and therefore, no order for interim maintenance could have been granted by the Family court.

Further, he also attempted to produce income tax returns for the Assessment years 2020-21 and 2022-23 before the HC to submit that the interim maintenance awarded to the wife and daughters are on higher side.

High Court's observations

At the outset, the Court refused to take into account the ITR filed by the revisionist before the Court as it noted that the same was not produced before the Family Court. The Court also noted that the husband failed to produce any document showing his earning, more particularly, with regard to his income before the Family Court.

However, on the other hand, the Court observed that the wife/respondent had produced several documents to show that her husband is having sufficient earnings and properties.

Essentially, the wife submitted before the Court the photographs of two luxury Cars owned by the her husband. She also submitted that the husband had 150 Rickshaws, which are given on rent and that he is doing business as broker in Motor Vehicles and he runs business of finance and is also working in RTO as an agent. Further, she also submitted that her hsuabnd is having one bungalow, a flat and alos owns a shop.

Taking into account the submissions made by the wife, the Court observed that the husband had not produced a single documents except bare denial with regard to valuation of the immovable property referred to by him. The Court further added if he was not having such immovable properties, he would have declared so on oath before the Court, which he failed to do.

"Not only that, when high end luxurious cars owned by him cannot be disputed, prima facie valuation put forth by the wife, in absence of denial thereto without any material, on oath by the petitioner – husband can be taken as a base to determine interim maintenance," the Court remarked.

Further, noting that the husband had failed to lead cogent evidence to prove that his wife is living an adulterous wife, the Court found that the interim maintenance determined at the rate of Rs.30,000/- in all per month was much on a lower side and appeared to be reasonable to be awarded at interim stage.

Therefore, the Court rejected the revision application of the husband.

Appearance:

For Petitioner(s) No. 1: Advocate Rajpurohit R. Bhawarlal

For the Respondent(s) No. 1,2,3: Advocate Utkarsh Sharma, 

Case title - JAYANTIBHAI SHRAVANBHAI RAJPUT v. MINOR NAYRA JAYANTIBHAI RAJPUT THROUGH MAULIKA W/O JAYANTIBHAI RAJPUT

Case Citation: 2022 LiveLaw (Guj) 406

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