Court exasperated with couples who conceal income to save maintenance

Couples conceal their income when it comes to claiming or giving maintenance to their spouse, making it difficult for courts which are left to do guesswork, a Delhi court has said.

Disapproving of such tactics, the court assessed the monthly income of a man, who was engaged in automobile repair work and was claiming to be earning just Rs 6,000 per month, as Rs 30,000, observing that in the national capital even a rickshaw puller earns at least Rs 10,000 to 20,000 per month.

The court which was deciding the interim maintenance to be awarded to his estranged wife and their two children also said it was difficult to believe the claims of the woman that they had spent their honeymoon in a three star hotel in Mussoorie and of the man who said it was a dharamshala.

It said while the woman was exaggerating, the man too was underplaying because either they would not be able to afford to go out or if they do, they would not be staying in a dharamshala.

“It is a hard reality that both spouses conceal and underplay their income and sources of income, when it comes to claiming or opposing prayer for interim maintenance, and the courts are left with guess work in the absence of the accurate and sufficient materials,” additional district judge Sujata Kohli said.

“Keeping in view the facts and circumstances and the general standard of living of the parties, I hold that the husband is earning as minimum Rs 30,000 from his work/business as even a rickshaw puller in Delhi is earning at least Rs 10,000 to 20,000 per month on an average,” the Judge said.

It directed the man to pay Rs 10,000 per month to his estranged wife and two children as interim maintenance and also asked him to give them Rs 5,000 litigation expenses.

“The wife has tried to conceal her source of earning and has maintained that she does not have any bank account. There is no means to find out when a person completely denies having a bank account, to find out her real income,” the court said.

The woman had approached the court seeking maintenance for her and their two kids from her husband saying she has no source of income even for the minors’ studies and is dependent upon her parents and living a miserable life.

She claimed that her husband was earning Rs 70,000 per month and has been neglecting their children.

The man, however, claimed that he was working as a helper in repairing shop of radiators and was earning only at Rs 6,000 per month.