The Gujarat High Court has observed that when a husband works in the unorganised sector or is self-employed, it is often difficult to accurately assess his income. In such situations, Family Courts may rely on reasonable guesswork to determine the amount of maintenance.
Justice JC Doshi made this observation while hearing a revision plea by a man challenging a family court’s order directing him to pay ₹40,000 per month in maintenance to his wife and daughter.
The husband argued that his monthly salary was only ₹23,600 and claimed the court ignored his salary slip. He also said that his wife was highly qualified, had worked as a university manager, and was capable of earning.
However, the wife’s lawyer contended that the husband’s true income was between ₹1 lakh and ₹1.5 lakh per month and that he was deliberately hiding his earnings. The lawyer added that although the wife had previously worked, she resigned after six months and currently had no income.
The High Court noted that the husband had not produced any income tax returns during the trial and referred to the Supreme Court’s 2022 ruling in Kiran Tomar vs State of Uttar Pradesh, which held that income tax returns are not always an accurate reflection of actual earnings in matrimonial disputes.
Stating that accurate figures often never surface in such cases, especially in the unorganised sector, the court said reasonable guesswork is necessary. Given the limited scope for revisional interference, the High Court upheld the family court’s decision and dismissed the plea.
Case Title: Meghrajsinh S/O Manharsinh Chudasma Vs. Meghaviniba W/O Meghrajsinh Chudasama D/O Prahladsinhji Pradyumansinhji Jadeja & Anr.
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