The Allahabad High Court backed an interim maintenance order in favor of a wife whose husband failed to disclose his income and assets. The ruling reinforces that courts can draw adverse inferences when a spouse conceals financial information, ensuring protection of the dependent spouse even during ongoing proceedings.
The controversy began when the wife, married in 2020, claimed she had been forced to leave her matrimonial home due to dowry demands and had not received any financial support since March 2022. She sought interim maintenance of Rs.15,000 per month for daily expenses, education, and litigation costs. The husband challenged the order, asserting he had no income, no land, and did not run coaching classes as alleged, while also pointing out that his wife was educated and capable of earning a livelihood.
The Additional Judge had initially directed Rs.3,500 per month as interim maintenance based on the wife’s affidavit detailing her financial situation, while the husband failed to file any disclosure of assets.
The High Court emphasized that "courts can draw adverse inference against a husband, who despite ample opportunity fails to file an affidavit disclosing his income and assets." The Bench noted that the interim maintenance amount does not require exact arithmetic precision but is guided by the wife’s entitlement and her current financial needs. Observing that the wife had recently completed her L.L.B., the Court held that her claim for education and living expenses was justified.
Consequently, the Court dismissed the husband’s revision petition, affirming that the interim order of Rs.3,500 per month was “just and proper in the facts and circumstances of the case.”
Case Title: Shyam Mohan Vs. State of U.P. and another,
Case No.: Criminal Revision No.4929 of 2024
Coram: Hon’ble Justice Garima Prashad,
Advocate for the Petitioner: Adv. Anil Kumar Dubey
Advocate for the Respondent: Adv. G.A.
Read Judgment @Latestlaws.com
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