Court Says Income of Husband in Unorganized Sector Hard to Assess in Maintenance Cases
The Gujarat High Court has observed that when a husband works in the unorganized sector, it is often difficult to determine his true income. In such cases, courts must estimate earnings while deciding on maintenance pleas.
Case Background
Justice J.C. Doshi made this statement while reviewing a revision petition filed by a husband against a family court order that required him to pay ₹40,000 per month as maintenance to his wife and daughter.
The husband argued that his income was only ₹23,600 per month, and the family court had not considered his salary slip. He also claimed that his wife was well-educated and had previously worked as a university manager, making her capable of supporting herself.
However, the wife’s lawyer defended the ruling, stating that the husband had not provided clear proof of his actual income, which was estimated to be between ₹1 to ₹1.5 lakh per month. Additionally, the wife had resigned from her job and was not earning at present.
Court’s Decision
The High Court noted that in many Section 125 CrPC cases, husbands do not disclose their real income, making it challenging for courts to assess their financial status accurately. The court referred to a 2022 Supreme Court ruling (Kiran Tomar vs. State of Uttar Pradesh), which held that income tax returns may not always reflect a person’s actual earnings, especially in matrimonial disputes.
Since the husband failed to submit income tax returns, the court upheld the family court’s decision, stating that some guesswork is necessary when dealing with self-employed individuals in the unorganized sector.
Emphasizing that revision powers in such cases are limited, the Gujarat High Court found no valid reason to interfere and dismissed the husband’s petition.
This ruling highlights that courts must rely on available evidence and reasonable estimates when determining financial support obligations, especially when the husband’s income is not transparently declared.
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