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S.125 CrPC | Parties Often Don’t Disclose Their Actual Income, Maintenance May Be Granted Considering Their Status & Lifestyle: Delhi High Court

[20 July 2022] The Delhi High Court has observed that in matrimonial disputes, it is seen that parties often don’t disclose their actual income to the court, purportedly to avoid the liability of maintenance. Thus, it is open for the Court to determine maintenance based on their status and lifestyle.

Justice Purushaindra Kumar Kaurav observed,

“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 observation was made wherein the husband had challenged an order of the Family Court West, partly allowing his wife’s application under Section 125 CrPC and granting Rs.10,000 per month as maintenance. The High Court noted that the husband had stated that he was maintaining a 3 BHK flat and paying rent of Rs.12,000 per month excluding electricity charges of about Rs.2,000.

The High Court observed that it is the sacrosanct duty of the husband to render financial support to wife and that 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.

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