Guj HC | No evidence displayed regarding actual income, husband liable to pay maintenance; Court dismisses application

Gujarat High Court: A.P. Thaker, J., dismissed an application that was filed on being aggrieved and dissatisfied with the order of maintenance passed by the Family Court whereby the petitioner was ordered to pay maintenance of Rs 4, 000 per month to his wife.

The Counsel for the applicant, Jatin Yadav had contended that the respondent had filed an application before the Family Court, Ahmedabad, on the ground that she was deserted by the husband and the husband had not paid any maintenance to her. He further contended that marriage between the parties was solemnized on the false statement of the wife that she was unmarried therefore, he had also filed a criminal complaint against the wife for cheating and the same was pending. He further contended that the wife was serving in a company and was getting Rs.9, 000/as income from that job and, therefore, she was not entitled to get any maintenance from him and that the applicant was earlier working as RTO agent and since the system of online was introduced, he had no such income as has been alleged by the wife.

The Court while dismissing the revision petition stated that after appreciating all the evidence in proper perspective it is clear that the Family Court has not committed any serious error of law and facts. It is incumbent upon the husband to lead evidence with regard to his income. In the present case, wife has fairly admitted that she was working in a private company and was getting Rs 5, 000 per month. As against this, the husband had merely stated that he was working as RTO agent and now due to coming into operation of the online system, he was not getting that much income as has been alleged by the wife. At the same time, the husband has not led any evidence regarding his actual income thus; it was the liability of the husband to pay maintenance to his wife.[Ajitbhai Mohanbhai Parghi v. State of Gujarat, 2020 SCC OnLine Guj 1228, decided on 03-09-2020]


Suchita Shukla, Editorial Assistant has put this story together

2 comments

  • Avatar

    We know very well that courts favor daughter-in-laws and wives and girls because only these comes under the definition of women. We know they are allowed to manipulate the laws in their favor in any way. They are even allowed to file false affidavits and courts will not take actions against them. The action will only be taken against men. Men should trust only God the almighty for the justice. Only the all mighty will be the option.

  • Avatar

    It has become a common practice of courts to safeguard wives whether they are right or wrong. Husband is always a sufferer. It is not something new. Now a days courts even allowed wives to file false affidavits. Wives have been allowed to anything and help them to manuplate the laws favoring women. After this what one can expect from courts. Now right husbands must trust only the one almighty..

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