Court Draws Adverse Inference Against Husband for Concealing Income, Affirms Maintenance of Rs. 3,500/-
In a significant decision reinforcing the rights of spouses seeking maintenance, the Allahabad High Court has dismissed a criminal revision petition filed by Shyam Mohan challenging the interim maintenance order of Rs. 3,500/- per month granted to his wife by the Family Court in Pilibhit. The court ruled that the husband's failure to disclose his income and assets allowed for an adverse inference, supporting the wife's claim under Section 125 of the Criminal Procedure Code, 1973.
The case, presided over by Justice Garima Prashad, involved Shyam Mohan, who had contested the Family Court's order dated August 12, 2024. The respondent wife alleged that Mohan had not provided her any maintenance since March 14, 2022, following her departure from the matrimonial home due to alleged dowry demands. She sought Rs. 15,000/- per month for her educational and daily expenses, along with Rs. 2,000/- for litigation costs.
Despite Mohan's assertions of having no income and denying ownership of agricultural land or operation of coaching classes, the court noted his failure to file an affidavit of income and assets. This omission allowed the Family Court to draw an adverse inference under Order XIX Rule 3 of the Code of Civil Procedure and Section 106 of the Indian Evidence Act, 1872, paralleled by Section 109 of the Bhartiya Sakshya Adhiniyam, 2023. The court emphasized the importance of affidavits in ensuring fair maintenance assessments.
Justice Prashad affirmed the Family Court's decision, highlighting that the interim maintenance quantum was based on the wife's entitlement and the circumstances presented, rather than precise calculations. The wife's educational pursuits, including her completion of an L.L.B. in 2024, reinforced her legitimate claims for educational support.
The court ultimately found no merit in Mohan's revision petition, stating the maintenance amount was "just and proper" given the situation. The decision underscores the judiciary's role in safeguarding financial support for spouses, particularly when one party fails to disclose pertinent financial information.
Bottom Line:
Interim maintenance under Section 125 Cr.P.C. - Court can draw adverse inference against husband for failure to disclose income and assets; interim maintenance determined based on respondent wife's entitlement and cannot be exact arithmetical calculation.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Order XIX Rule 3 of the Code of Civil Procedure, 1908, Section 106 of the Indian Evidence Act, 1872, Section 109 of the Bhartiya Sakshya Adhiniyam, 2023.
Shyam Mohan v. State of U.P., (Allahabad) : Law Finder Doc Id # 2841187
