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When actual income is not disclosed by the parties, maintenance amount can be decided considering the status of the parties and their lifestyle : High Court of Delhi

The High Court of Delhi, through learned judge, Justice Pushpendra Kumar Kaurav in the case of Sandeep Walia v. Monica Uppal (CRL.REV.P. 179/2019 & CRL.M.A. 11998/2021) observed that when actual income is not disclosed by the parties, maintenance amount can be decided considering the status of the parties and their lifestyle.

BRIEF FACTS:  This petition was directed against the order passed in MT No. 361/2018 by the Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi, whereby an application under Section 125 of Cr.P.C. filed by the respondent-wife was allowed in part.  The facts of the case show that the marriage between the parties was solemnised on 25.10.2015. Soon after the marriage, on account of some family disputes between them, they started living separately. There is no issue out of the wedlock. The respondent-wife filed an application under Section 125 of Cr.P.C. before the Family Court. She stated that on account of harassment being caused by her husband at the matrimonial house, she had to undergo intense mental agony. She narrated various such instances in her application.

FINDINGS OF THE COURT: The court observed that the husband was under the legal obligation to support his wife and to pay maintenance under Section 125 of Cr.P.C. It is sacrosanct duty to render the financial support and there is no escape route unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds. The court observed that bald submission that the petitioner does not have any source of income is no ground to exonerate him from the liability of maintaining his wife under the facts of the present case. Even experience shows that actual income is normally not disclosed by the parties. Under such circumstances, it is always safe to come to a realistic conclusion considering the status of the parties and their lifestyle etc. The Court did not find any substance in the submissions made by learned counsel for the petitioner to interfere into the well-reasoned order passed by the Family Court. Hence, the instant revision petition was accordingly dismissed.

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JUDGEMENT REVIEWED BY – AMRUTHA K

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