Husband's Income Assessed Based on Minimum Wages; Interim Support Increased from Rs. 2,500 to Rs. 3,500
In a notable judgment, the Delhi High Court has enhanced the interim maintenance awarded to a petitioner-wife, Arshi Parveen, from Rs. 2,500 to Rs. 3,500 per month. The decision, presided over by Dr. Swarana Kanta Sharma, J., comes in response to the petitioner's appeal against the Family Court's order, which she deemed inadequate for her sustenance.
The case revolved around the assessment of the respondent-husband Maqsood @ Sonu's income. The petitioner claimed she was subjected to cruelty for insufficient dowry and was forced out of her matrimonial home, leaving her financially dependent on her parental family. She contended that the respondent, a graduate, was under-representing his income, alleging he earned far more through multiple sources, including teaching and business ventures.
The Family Court had initially ordered an interim maintenance of Rs. 2,500 per month based on the husband's claim of earning Rs. 10,000 monthly from an NGO. However, the Delhi High Court found discrepancies in the respondent's financial disclosures, notably the lack of comprehensive bank statements and consistent income proof.
Referring to precedents like "Tasmeer Qureshi v. Asfia Muzaffar," the High Court emphasized the importance of assessing the husband's income based on minimum wages when financial disclosures are evasive. It noted that the minimum wage for skilled workers in Uttar Pradesh, where the husband resides, was Rs. 13,200, thus justifying an increased maintenance order.
The Court also drew adverse inferences from the husband's selective financial disclosures, finding the previous maintenance order insufficient. The enhanced maintenance aims to ensure the petitioner's financial security while the case continues.
The judgment underscores the judiciary's commitment to equitable maintenance orders, highlighting the use of minimum wage assessments in cases of financial non-disclosure. The Court's decision is expected to influence similar cases, reinforcing the need for transparency in financial affidavits during matrimonial disputes.
Bottom Line:
Maintenance under Section 125 Cr.P.C. - Assessment of husband's income based on minimum wages in the absence of sufficient proof of actual income - Enhanced interim maintenance granted considering the wife's inability to earn and the husband's earning capacity.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Arshi Parveen v. Maqsood @ Sonu, (Delhi) : Law Finder Doc Id # 2833640
