2024-02-29 15:28:56
New Delhi: Delhi High Court has expressed regret over the issue of concealment of income in matrimonial cases. The court has said that it is a common practice for parties not to disclose their actual earnings to avoid paying maintenance. Judge Naveen Chawla, in a recent order, pointed to the challenges faced by courts in assessing the actual income of spouses for determining maintenance obligations. The court, noting the difficulty inherent in such assessment, Emphasizes the need to rely on the available evidence to estimate the husband’s income.
Delhi High Court judge Chawla’s comments came during the hearing of a case where a husband challenged a family court order ordering him to pay interim maintenance to his wife and minor son. The husband’s initial declaration was Rs 24,000 per month, which was later revised to Rs 14,000 per month, but considering his involvement in running music academies and performances across the country, the family court fixed his income at Rs 70,000 per month. of.
Rejecting the husband’s claims, the High Court emphasized the need for factual consideration in such cases and upheld the decision of the Family Court. However, it has directed the husband to address any change in circumstances particularly with regard to the employment status of the wife through an appropriate application before the Family Court. Ending the proceedings, the High Court directed the husband to pay all the outstanding alimony within 8 weeks as per the order of the family court. It also gave the husband an opportunity to seek modification of the interim maintenance order based on changed circumstances, thereby ensuring a fair and equitable resolution of the ongoing matrimonial dispute.