Maintenance Is Not Decided on Income Affidavits Alone: Judicial Approach in Matrimonial Cases
Maintenance Is Not Decided on Income Affidavits Alone: Judicial Approach in Matrimonial Cases
1. Introduction
In matrimonial and family law proceedings, claims for maintenance often arise at interim as well as final stages. A recurring issue before Family Courts is whether the determination of maintenance must be confined strictly to the income disclosed by parties in affidavits, or whether courts may look beyond such disclosures. Indian courts have consistently examined this question in light of the object of maintenance provisions and the realities of matrimonial disputes.
2. Applicable Legal Principles and Statutory Framework
Maintenance in matrimonial and family law matters is governed by multiple statutory provisions, including:
• Section 24 and Section 25 of the Hindu Marriage Act, 1955
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 125 of the Code of Criminal Procedure, 1973)
• Sections 20 and 23 of the Protection of Women from Domestic Violence Act, 2005
• Relevant provisions under personal laws and other special statutes
The object of these provisions is to prevent destitution and ensure that a spouse or dependent is able to sustain herself or himself with dignity, broadly in consonance with the standard of living enjoyed during the subsistence of the marriage. Courts have consistently held that maintenance is a measure of social justice and is not intended to penalise either party, but to balance competing claims in a fair, reasonable, and equitable manner.
While income affidavits are mandated to assist the court in assessing the financial capacity of the parties, judicial precedents recognise that such affidavits serve as an initial aid to adjudication. They are not treated as conclusive proof, and courts retain the discretion to examine the overall financial circumstances beyond the figures disclosed therein.
3. Judicial Approach and Reasoning Commonly Adopted by Courts
It has been observed by courts that income affidavits may not always present a complete or accurate picture of a party’s true financial capacity. Judicial experience indicates that income is sometimes under-reported, particularly where earnings are derived from business, professional practice, cash transactions, or indirect sources.
Accordingly, courts have held that they are entitled to examine surrounding circumstances, including:
• The standard of living enjoyed during the subsistence of marriage
• Lifestyle indicators such as housing, vehicles, travel, and social expenditure
• Educational background, professional qualifications, and earning capacity
• Ownership or control over movable and immovable assets
• Bank transactions, investments, and other financial records
Judicial discretion is exercised to assess whether the disclosed income reflects the real economic position of the parties. Where a discrepancy is apparent between claimed income and observable lifestyle, courts have declined to accept affidavits at face value.
4. Practical Considerations Observed in Family Court Proceedings
In practice, Family Courts, including those in Delhi, often adopt a holistic assessment while fixing maintenance. Courts have noted that matrimonial litigation should not be reduced to a purely arithmetical exercise based on declared income alone.
Some practical considerations frequently taken into account include:
• Whether one spouse had foregone employment or career progression during marriage
• The needs of dependent children, including education and healthcare
• Inflationary factors and cost of living in urban centres
• The conduct of parties insofar as it impacts financial disclosures, without venturing into fault-based adjudication
Courts have also emphasised that proceedings for maintenance should be decided expeditiously, as delays defeat the very purpose of the relief.
5. Conclusion
The settled legal position is that maintenance is not determined solely on the basis of income affidavits. Courts are empowered, and indeed required, to look beyond formal disclosures to arrive at a fair assessment of financial capacity. The judicial approach remains guided by the object of maintenance provisions, the need to prevent hardship, and the exercise of sound judicial discretion based on the facts of each case.
This balanced approach seeks to ensure that maintenance orders are realistic, equitable, and reflective of the actual circumstances of the parties.
Written by Adv. Aman Chawla, practising in Delhi, focuses on matrimonial and family law matters.
