Can Court Award Maintenance on Basis of Estimation of Husband’s Income? Read here

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A man and woman building a stack of bills

July 13, 2018

Case name: Jagdish Singh v. Sarabjit Kaur

Aggrieved by the dismissal of his petition for divorce, the appellant-husband preferred appeal before High Court of Punjab & Haryana. During pendency of the appeal, the respondent-wife filed an application under Section 24 of the Hindu Marriage Act claiming maintenance pendente lite at the rate of Rs.20,000/- per month alleging that the appellant-husband was having income of Rs.40,000/- per month from the pension, his income from abroad and income from his property and that the appellant-husband was also owner of agricultural land measuring 5 killa and was running a dairy farm.

The Lower Court in the case had granted an amount of Rs. 4000 per month towards maintenance pendente lite. While enhancing the amount of maintenance, the Court noted that even if there was no material on record evidencing the husband’s income, a bit of estimation was permissible in such circumstances.

The Court presuming that the appellant-husband is an un-skilled labourer, was presumed to be earning at least a sum of Rs.400/- to 500/- per day. Thus, his monthly income was estimated not less than 15,000/- to Rs.20,000/- and accordingly the maintenance pendente lite was enhanced.

The entire case can be accessed here.

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