The Gujarat High Court has highlighted the challenges of determining the income of a self-employed husband working in the unorganized sector. It noted that in such cases, Family Courts often have to rely on some level of guesswork to estimate the husband’s actual earnings when deciding on maintenance pleas.
Justice JC Doshi, leading the bench, pointed out that during proceedings under Section 125 of the Criminal Procedure Code (CrPC), husbands tend to hide their real income. This makes it harder for the courts to get a clear picture of their financial situation.
The case in question involved a husband challenging a Family Court’s decision to award Rs. 40,000 per month as maintenance to his wife and daughter. The husband argued that his salary slip showed an income of Rs. 23,600 per month, which was less than the maintenance amount ordered. He also pointed out that his wife was highly qualified and had previously worked as a Manager at a university, implying that she could support herself.
However, the wife’s lawyer defended the Family Court’s ruling, stating that based on the evidence, it was determined that the husband was actually earning around Rs. 1 to 1.5 lakh per month. The wife had resigned from her job after six months and was not currently earning.
The High Court found that the Family Court had thoroughly examined the evidence, concluding that the husband was suppressing his true income. It referred to a Supreme Court ruling in Kiran Tomar vs. State of Uttar Pradesh (2022), which stated that income tax returns are not always a reliable indicator of true earnings in matrimonial disputes. Therefore, the court must evaluate the entire evidence holistically to assess the real income.
In this case, the husband failed to produce any income tax returns during the trial, which further complicated the court’s ability to accurately assess his income. The High Court emphasized that in situations involving self-employed individuals in the unorganized sector, courts often have no choice but to make educated guesses about income.
Given the evidence, the Gujarat High Court saw no reason to interfere with the Family Court’s decision, and the husband’s revision plea was dismissed.
