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Bombay High Court Rejects Alimony Award Based on Income Guesswork
A family court had ordered a husband to pay his wife Rs 10 lakh as permanent alimony.
The husband challenged that order in the Bombay High Court.
The High Court said the earlier decision appeared to guess how much money the husband earned.
It said there was not enough evidence about his income or the wife’s needs.
The High Court cancelled the Rs 10 lakh order for now.
It sent the case back to the Family Court in Pune.
That court must look at both people’s earnings, assets, debts and needs.
The report says the daughter’s Rs 10,000 monthly maintenance continues, though the judgment also discusses reassessing it.
The Bombay High Court set aside a family court’s Rs 10 lakh permanent alimony award to a wife.
The court found the award relied on an unsupported assumption about the husband’s overseas income.
The case was remanded to the Family Court in Pune for a fresh assessment.
The new determination must consider both parties’ earnings, needs, assets and liabilities.
The report says Rs 10,000 monthly maintenance for the minor daughter will continue, although the court also referred to reassessing her maintenance.
- Who
- A husband, his wife and their minor daughter; the Bombay High Court bench of Justices Bharati Dangre and Ashish Chavan heard the husband’s challenge.
- What
- The High Court set aside a Rs 10 lakh permanent alimony award and ordered a fresh determination by the Family Court.
- Where
- The Bombay High Court heard the matter, which was remanded to the Family Court in Pune.
- When
- The court made the decision on August 28; the year is not specified.
- Why
- The court said the earlier alimony decision was based on guesswork about the husband’s earnings and lacked evidence regarding the parties’ financial circumstances and needs.
Key facts
- Alimony award challenged
- Rs 10 lakh in permanent alimony
- Child maintenance
- Rs 10,000 per month for the minor daughter, reported as continuing
- Court action
- The Bombay High Court set aside the family court’s alimony award
- Next step
- The matter was remanded to the Family Court in Pune
- Factors for reassessment
- Both parties’ earnings, needs, assets and liabilities
- High Court bench
- Justices Bharati Dangre and Ashish Chavan
- Reason for remand
- The earlier decision was described as unsupported guesswork about the husband’s income
Quotes
Bombay High Court bench
A bench comprising Justices Bharati Dangre and Ashish Chavan
“the learned Judge has merely carried out a guess work without any evidence produced on record as to what is the earning of the husband and what is the need of the wife”
indianexpress.com
Sources
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