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

Post published: July 21, 2022
Post category:Daily Judgments / Delhi High Court
Reading time:3 mins read

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

Case: Sandeep Walia V. Monika Uppal

Coram: Justice Purushaindra Kumar Kaurav

Case No.: CRL.REV.P. 179/2019

Court Observation: “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.”

“It is thus seen that the initial burden placed upon the respondent to show the means of her husband is sufficiently discharged. The argument of the petitioner to accept that the petitioner is earning equal to minimum wages fixed by the Delhi Government is untenable. The living standard of the petitioner, his conduct in suppressing relevant information from the Court and the fact that he is not only qualified but is capable of earning good money shows that the learned Family Court has not committed any error in passing the impugned order, ”

“So far as an argument of the learned counsel appearing for the petitioner with respect to voluntarily leaving the company of the petitioner by the respondent is concerned, it is seen from the evidence of the petitioner that she was subjected to harassment on day-to-day basis, and therefore, under compelling circumstances she had to leave the company of the petitioner, and therefore, there is proper justification for her to live separately,”

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