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MADAN B.LOKUR, PRAFULLA C.PANT
SHAILJA – Appellant
Versus
KHOBBANNA – Respondent
The court in this case emphasized that the capability of earning by the spouse is not a sufficient or sole reason to reduce maintenance without proper proof of actual earning capacity. The court highlighted that merely assuming or presuming that the spouse is capable of earning, without cogent proof or actual evidence of earning, is not justified. It underscored the importance of having concrete proof rather than relying on presumptions when determining maintenance obligations. Therefore, the court did deprecate the practice of awarding maintenance based on presumptions regarding income without supporting and cogent evidence. (!)
ORDER
Leave granted.
2. The matters have been called out twice but there is no appearance on behalf of the respondent.
3. We have gone through the impugned judgment and order dated 17.04.2013 passed by the High Court and order dated 22.11.2012 passed by the Family Court.
4. The Family Court had directed payment of maintenance for an amount of Rs.15,000/-per month to the appellant -wife and Rs.10,000/- per month to the son.
5. The High Court while considering the correctness of the order passed by the Family Court did not accept the contention of the respondent – husband that the appellant – wife was working. All that was held was that the appellant – wife was capable of earning and therefore maintenance was reduced to an amount of Rs.6000/-from Rs.15,000/-for her and Rs.6000/-from Rs.10,000/- for the son.
6. In other words, out of an amount of Rs.25,000/-(total) awarded by the Family Court for the appellant No.1 and the son, the High Court has reduced the amount to Rs.12,000/- (total).
7. We are not satisfied with the order passed by the High Court considering the income of the respondent – husband, which we have been told, is more than Rs.80,000/-per month since the respondent – husb
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