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Adv Rahul Pandey
Adv Rahul Pandey. | 8 months ago | 241 Views

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

Written by:

Adv Rahul Pandey Adv Rahul Pandey

Updated: 03-04-2024

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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.

Sharks of Law is the single platform where the attorneys with best credentials in the legal  field could be found. Experienced advocates such Adv. Tanvi, Adv. Kansal could help you deal with matters related to matrimonial disputes including issues such as maintenance, child custody, etc.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

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