New Delhi: A sessions court here has set aside the order of a magistrate court which directed a husband to pay monthly maintenance of Rs 15,000 to his wife because the woman did not disclose her actual income. did.
Additional Sessions Judge Aanchal was hearing two appeals filed by the couple, while the husband criticized the court's April 2023 order, while the wife sought to increase the maintenance allowance to Rs 1.25 lakh.
The magistrate court had passed the order on the wife's petition filed under the Protection of Women from Domestic Violence Act.
Considering the evidence before it, the court said that the wife, who had an MBA degree, had concealed the fact that she had sufficient income to meet her expenses and maintain herself.
"Therefore, once it has come on record that the wife is hiding her source of income, the court can neither (conclude) that the wife who is working and earning is able to maintain herself. She is unable to do so and cannot conclude that she is earning her living in a position "less than the one she enjoyed in the marital home," the court said.
Therefore, the husband cannot be directed to pay her maintenance to enable her to maintain a particular standard of living, it added in an order passed on April 5.
"Therefore, this court is of the view that the wife is not entitled to maintenance for the omission on her part to disclose correct particulars and income earned by her," the judge said.
Additional Sessions Judge Aanchal was hearing two appeals filed by the couple, while the husband criticized the court's April 2023 order, while the wife sought to increase the maintenance allowance to Rs 1.25 lakh.
The magistrate court had passed the order on the wife's petition filed under the Protection of Women from Domestic Violence Act.
Considering the evidence before it, the court said that the wife, who had an MBA degree, had concealed the fact that she had sufficient income to meet her expenses and maintain herself.
"Therefore, once it has come on record that the wife is hiding her source of income, the court can neither (conclude) that the wife who is working and earning is able to maintain herself. She is unable to do so and cannot conclude that she is earning her living in a position "less than the one she enjoyed in the marital home," the court said.
Therefore, the husband cannot be directed to pay her maintenance to enable her to maintain a particular standard of living, it added in an order passed on April 5.
"Therefore, this court is of the view that the wife is not entitled to maintenance for the omission on her part to disclose correct particulars and income earned by her," the judge said.
