Court Remands Case for Fresh Evaluation of Income and Maintenance Entitlement
In a significant decision, the Allahabad High Court has set aside a Family Court order that denied maintenance to Farha Naz, a YouTuber, and self-employed individual, on the grounds of her earning potential. The judgment, delivered by Justice Harvir Singh, emphasized the need for a thorough assessment of both parties' incomes, supported by documentary evidence, before arriving at a decision on maintenance entitlement.
The case, titled "Farha Naz v. State of U.P.," involved a criminal revision petition challenging the Family Court's order dated March 10, 2025, which rejected Farha Naz's request for maintenance from her estranged husband, a Class III employee at Nagar Palika, Bareilly. The Family Court had concluded that Naz, being a YouTuber, was capable of supporting herself and thus not entitled to maintenance.
However, the High Court found fault with the Family Court's approach, noting that the quantum of income for both parties had not been adequately assessed. Justice Singh referred to the Supreme Court's ruling in "Rajnesh v. Neha," which underscores the importance of assessing income details through Income Tax Returns (ITR), pay slips, and other relevant documents to ensure a fair determination of maintenance entitlement.
The counsel for Farha Naz argued that the Family Court's decision was based on assumptions about her income without concrete evidence. The counsel further asserted that Naz's husband has a regular income and is obligated to support her despite any matrimonial discord. Conversely, the counsel for the husband maintained that Naz is self-sufficient due to her YouTube activities and thus not eligible for maintenance.
Justice Singh highlighted the necessity of a detailed income assessment, stating that without proper documentation, any decision would be premature and potentially unjust. Consequently, the High Court set aside the Family Court's order and remanded the case for fresh consideration, directing the Family Court to evaluate the income evidence comprehensively before passing a new order on maintenance.
This judgment underscores the judiciary's commitment to ensuring fair and equitable treatment in maintenance cases, particularly when self-employment and digital income streams are involved. It reflects the evolving landscape of income assessment in marital disputes, accommodating modern professions like content creation.
Bottom Line:
Maintenance - Income of both parties must be assessed with supporting documents such as ITR, pay slips, etc., to determine entitlement and quantum of maintenance.
Statutory provision(s): [While the judgment does not explicitly list statutory provisions, it refers to maintenance laws and precedents including "Rajnesh v. Neha," relevant to assessing maintenance entitlement.]
Farha Naz v. State of U.P., (Allahabad) : Law Finder Doc Id # 2824907
