In Maintenance Cases Courts May Make Small Guess Work When Concluding Income Of Husband From Unorganised Sector.

The Gujarat High Court, while hearing a recent revision petition over the matter of maintenance observed that while calculating the amount to be paid as maintenance under Section 125 of the Criminal Procedure Code (CrPC), the Court in some situations will have to take some guess work while concluding the actual income of the husband who has been working in unorganised sector.

The said criminal revision application was filed by a man under Section 397 r/w Section 401 of the CrPC. 

Facts of the Case

• The couple got married in the year 2004 as per the Hindu rituals at Rajkot, after which a daughter was born to them. 
• The wife left the house in the year 2016, due to some quarrel which took place between the couple. 
• In the same year, she filed  an application under Section 125 of the CrPC, in the  Family Court, after which the Court directed the husband to pay an amount of Rs 40,000 to the wife and their daughter as maintenance. 
• After which the husband filed an application for revision in the High Court.

Arguments in the High Court-

• The Advocate representing the husband raised numerous arguments against the judgement passed by the Family Court. It was contended that the income of the petitioner is less than the amount of maintenance ordered to be paid. Also, it was claimed that the Family Court ignored the fact that the wife, who is highly qualified, has been serving as manager at the Jaipur University. Thus, wife is capable of maintaining herself, a fact which was not taken into consideration. It was also submitted that the judgement and order indicate that guess work was employed by the Family Court to record the earning of the husband from Rs.1 to 1.5 Lakhs per month and that the wife is entitled to such maintenance or according to the status of the husband.
• The advocate representing on behalf of the wife submitted that Family Court  thoroughly assessed the evidences submitted to come to conclusion about the earnings of the husband to be around Rs.1 to 1.5 Lakh per month as the husband failed to produce any evidence regarding his income. Also, that the wife dis work for some period of time, but has left her job now and is not employed.

Observations by the High Court-

• The High Court observed that the Family Court assessed and examined the issue of income and after considering the evidences produced, came to conclusion that the husband earning around Rs. 1,24,439/- in the year 2013. Also, that the Family Court believed that husband has not expressed his correct income and did not produce any IT returns during the trial.
• Referring to the judgement passed by the Hon’ble Supreme Court of India in the case of Kiran Tomar and others v. State of Uttar Pradesh and another (2022), where the Apex Court observed that the ITRs could not accurately provide the correct data about the real income of a person, especially in cases related to maintenance, the High Court said that husband may sometimes underestimate his income and therefore the Courts would have conduct a thorough assessment of the evidences produced in order to conclude about the real income of the husband. 
• The court observed that the revision under Section 397 read with Section 401 is limited. The Court would decide over the correctness, legality or perversity when  examining any proceeding before the Family Court for a revision petition. The scope of revision is limited to correcting any apparent defect or error in the judgement. 
• Thus, as per the above observation, the Court did not find any scope for correction in the said judgement by the Family Court. 
• Thus,  the High Court dismissed the revision petition filed in the case of Meghrajsinh v. Meghaviniba & Anr.

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