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Bombay High Court sets aside Rs 10 lakh alimony based on guesswork of husband's income
Overturns Alimony Award Made Without Evidence
In a significant ruling reinforcing the need for evidence-based financial determinations in matrimonial cases, the has set aside a order granting Rs 10 lakh in . The division bench of Justice Bharati Dangre and Justice Ashish S. Chavan found that the lower court had arrived at the figure through sheer guesswork, assuming the husband’s income at Rs 1 lakh per month without any supporting documentation.
A Divorce with Financial Controversy
The case originated from a divorce petition filed by the husband under , on grounds of . In , the granted the , noting that the wife had not defended herself and that both parties were unwilling to continue the relationship. While dissolving the marriage, the court also directed the husband to pay a of Rs 10 lakh to his ex-wife and Rs 10,000 per month for the maintenance of their minor daughter.
The husband did not challenge the divorce itself but appealed the financial awards, arguing they were arbitrary and unsupported by any evidence of his actual income or his former wife's needs.
No Evidence, Only Assumptions
Before the High Court, the husband contended that the family court had no basis for concluding his monthly income was Rs 1 lakh. The High Court examined the and found that the lower court had simply assumed the figure because the husband was "skilled and qualified" and had previously worked in Germany. No bank statements, salary slips, or other financial documents were placed on record.
The bench observed:
"Without considering any evidence, the learned Judge, Family Court, proceeded on the assumption that the petitioner’s income, he being a skilled and qualified person, must be Rs.1,00,000/- per month and based on this,
of Rs.10,00,000/- was granted to the wife."
The court emphasized that must correspond to a spouse's genuine earnings and the dependent party's actual requirements. It noted that the lower court had not even called for a statement of assets and liabilities from either party.
Child Maintenance Preserved, Alimony to Be Recalculated
While setting aside the alimony order, the High Court directed the matter back to the for fresh determination. It instructed the lower court to allow both parties to file affidavits and adduce evidence regarding their financial positions. The court specifically directed the family court to draw up a statement of the husband's earnings and the wife's needs before arriving at any figure.
To ensure the child's welfare was not compromised during the interim, the High Court directed the husband to continue paying Rs 10,000 per month as maintenance for the daughter. These payments, however, will be subject to adjustment once the family court renders its fresh decision. The wife was directed to open a bank account in India to receive these monthly deposits.
Implications for Family Courts
The ruling serves as a reminder that financial awards in matrimonial proceedings must be grounded in evidence, not conjecture. The High Court's insistence on proper documentation and a structured assessment of both parties' financial circumstances is likely to influence how family courts approach and maintenance determinations going forward.
The bench gave the six months to complete the fresh proceedings and dispose of the matter.
