The Bombay High Court has set aside a decision by a Pune family court that awarded ₹10 lakh as permanent alimony to a woman, highlighting the speculative nature of the income assessment used in the ruling. This decision came after the family court estimated the husband’s monthly earnings at ₹1 lakh, citing his qualifications and prior work experience in Germany, without concrete evidence.
A Division Bench comprising Justices Bharati Dangre and Ashish S Chavan took issue with the family court’s reliance on assumptions rather than evidence. The High Court noted, “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.”
As a result, the High Court has remanded the case back to the family court for a new determination. The family court has been instructed to reassess the alimony amount by accurately evaluating the husband’s income and the wife’s financial needs.
The High Court stated, “We deem it appropriate to remand the matter back to the Judge, Family Court, Pune, for determination of the amount of permanent alimony as well as the amount of maintenance to be paid to the daughter, which would necessarily have to be commensurate with the earnings of the appellant.”
The initial case arose when the husband filed for divorce on grounds of cruelty, a case that was uncontested by the wife. The family court dissolved the marriage and directed the husband to pay ₹10 lakh as alimony and ₹10,000 per month for child maintenance. This financial directive was challenged by the husband in the High Court, where he argued against the speculative income assessment made by the family court.
The family court had previously reasoned, “In absence of details, it can be assumed that the petitioner’s net income must be ₹1 lakh a month.” However, the High Court found this reasoning flawed and emphasized that alimony and child maintenance must reflect the actual financial situation of the husband.
The High Court directed that the family court must resolve the matter within six months, during which the husband is required to continue providing ₹10,000 monthly for child support.
Legal representation for the husband was provided by Advocate Ashwin Pimpale, while Advocate Amtuzehra Chimthanawala represented the wife.
