Can't determine man's income from I-T return in maintenance case: HC
2
Kolkata: Income tax return cannot be conclusive proof of earning, and an individual's actual income would indeed be very different from the figures shown in the I-T return, the Calcutta High Court stated, reprimanding a man, seeking to lower the maintenance amount to his wife from the Rs 20,000 that a family court had set.
The judge increased the maintenance amount to Rs 25,000 with a 5% hike every two years, considering the issue of automatic adjustment for inflation. The man, in his I-T return, showed an annual earning of Rs 5,13,890.
"In the present time and age, there has been a drastic change in society concerning marital obligations. This sharp fluctuation demands a change in the judicial approach towards the grant of maintenance as well, as maintenance is no longer a handout to barely cover subsistence.
Rather, it has now become a tool to preserve lifestyle stability. As a sequel, it fundamentally repositions spousal support as a continuity of living, not compensation for separation," Justice Bibhas Ranjan De said.
You Can Also Check:
Kolkata AQI
|
Weather in Kolkata
|
Bank Holidays in Kolkata
|
Public Holidays in Kolkata
The court pointed out that the man was ready to pay Rs 15,000 to his driver but not Rs 20,000 to his estranged wife, with whom he had a son (25), and "who had spent a considerable period of her life with him".
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Gentle Japanese hair growth method for men and women's scalp
Hair's Rich
Learn More
Undo
"It would be pertinent to mention that any settlement to be arrived at between parties must take into account actual living standards and the cost of inflation. On the other hand, it reinforces the idea that women, who have devoted years to domestic responsibilities, deserve to maintain a comparable life after separation," the HC held.
The woman had approached the Calcutta HC, seeking an increase in the maintenance amount from Rs 20,000 to Rs 30,000, But the man argued for a reduction, citing his retirement from service, his own medical expenses and the fact that their son, now 25, was no longer dependent. In response to his I-T return statement, the HC said, "The figures reported therein are subject to taxpayer's understanding and interpretation, which is not always accurate or comprehensive.
In addition to that, there is always a possibility of under-reporting... . That is why courts often look beyond I-T returns while determining a person's income, especially in proceedings such as maintenance cases."
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
36 minutes ago
- Time of India
E-Khata bribe allegations shake Belagavi Council
Belagavi: Accusations of widespread corruption in e-Khata registration at the Belagavi City Corporation (BCC) have sparked a heated debate. At Thursday's council meeting, MLAs and corporators alleged that revenue staff is demanding bribes ranging from Rs 10,000 to Rs 15,000 for property registrations. The claims fuelled public concern over transparency and accountability in the civic body. The process of e-Aasthi or e-Khata registration of properties under the classification of A, B, and C is underway in Belagavi city and across the district. An estimated 1.6 lakh properties need to be registered under e-Khata within the limits of Belagavi Corporation. The consolidation of documents required for e-property registration is facing many challenges as well. The common people are expressing strong dissatisfaction against this kind of exploitation, as the e-Khata registration will be processed only if the property owners come through intermediaries. A serious discussion took place in the BCC general meeting on the allegations of widespread corruption in e-Aasthi or e-Khata registration, arbitrary licensing of multi-storey buildings, and interference of middlemen in the documentation of properties. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 3 & 4 BHK Starts ₹1.65 Cr in Kukatpally Honer Signatis Book Now Undo According to a person who works as a middleman in e-property registration, the properties with legal documents are fewer in the BCC limit. Now, efforts are underway to regularise such properties by creating records. Many public representatives, including MLAs, are supporting the regularisation of encroached properties. It has resulted in the presence of middlemen in the corporation. The middlemen have emerged to create legal documents. MLA Abhay Patil took the officials to task in the council meeting, saying that the officials apply the laws and rules only for poor and middle-class people. However, they do not ask anything of those who are illegally building 10 to 15-storey apartments in the city. He cautioned that if this kind of exploitation is not stopped, the MLAs themselves will have to start the e-Khata distribution campaign.
Time of India
36 minutes ago
- Time of India
We've one: Karnataka counters AP's first quantum computer claim
Bengaluru: A battle over quantum computing bragging rights has erupted between Andhra Pradesh and Karnataka after Andhra CM N Chandrababu Naidu claimed his state would deploy India's first indigenously built 8-qubit quantum computer" in Amaravati by Nov. Karnataka was quick to respond, asserting that the country's first operational quantum computer is already live in Bengaluru. In his rebuttal, Karnataka science and technology minister NS Boseraju said the 25-qubit quantum computer, named Indus and built by Bengaluru-based QpiAI, has been providing commercial services since April 2025. "For the record, India's first quantum computer—built indigenously by @QpiAI right here in Bengaluru—began commercial operations in April 2025," he said in a statement. "This 25-qubit quantum computer, named Indus, is already delivering real-world services in sectors such as healthcare, defence, advanced research, finance, and others," he added. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru Naidu, in a July 24 post on X, had stated: "Our state is set to deploy India's first indigenously built 8-qubit quantum computer this Nov in Amaravati, with support from @QpiAI. This initiative, backed by the National Quantum Mission, aims to transform agriculture, water management, and healthcare. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top 15 Prettiest Icons In The History The Noodle Box Undo I would like to congratulate QpiAI founder Mr Nagendra Nagarajan and express my gratitude to @nqmdst for their support of this project. " State leading in innovation, says tech minister Boseraju dismissed the notion that AP was leading the quantum race. "Karnataka is not only leading the nation in quantum innovation but also continues to strengthen its position as the epicentre of India's quantum future," he said. "While celebrating our progress, we must also cultivate a culture of considering facts and figures," he added. He also noted that India's first Quantum Research Park has been established at the Indian Institute of Science, Bengaluru, with the Karnataka cabinet approving Rs 48 crore for its second phase. "Several initiatives are underway to ensure the holistic growth of the quantum sector in Karnataka," he said.
Time of India
36 minutes ago
- Time of India
Motilal redevpt on course as HC junks plea
Mumbai: Bombay high court on Friday dismissed a review plea and paved the way for the redevelopment of 141 acres of MHADA land in Goregaon West, called Motilal Nagar. MHADA recently appointed Adani Realty as the consultant and Development Agency (CDA) for the project. It is touted as the city's largest housing project. Motilal Nagar Vikas Samiti, a residents' group filed the review petition seeking recall and quashing of the HC ruling dated March 6, 2025, by Chief Justice Alok Aradhe and Justice Bharati Dangre. The residents sought, as interim relief, a stay on MHADA and the developer awarded the contract from going ahead. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai By its March judgment, HC allowed MHADA's 2021 application to ensure redevelopment gets done via private developers' bids and disposed of PIL filed in 2013, seeking action against rampant illegal construction on the land. The society's three main contentions were that firstly, as a society, they can and ought to be allowed to self-develop the premises under the govt policy. Secondly, the society of residents can, under rule 33 (5) (2) of Development Control and Promotion Regulations (DCPR), appoint a developer of their choice. Thirdly, any development undertaken by such society, with MHADA NOC, by appointing a developer, requires 51% consent of the members. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like How NTUC Club Is Reinventing Golf in Singapore Golf Asia Read More Undo by Taboola by Taboola The housing authority, through its senior counsel, said no new points were being raised and that HC, after considering all aspects, recognised MHADA's rights under the law as the owner of the property to redevelop the premises through private developments by inviting bids. The counsel also contended that the society, in an affidavit, earlier said it wanted MHADA to do the development itself. MHADA said it floated bids and appointed Adani Realty as the CDA. The review plea before the same division bench challenged the appointment of the developer. HC said a reasoned order will be made available later. By Friday's development in court, Motilal Nagar I, II, III redevelopment projects can proceed, said a MHADA lawyer. In 2018, MHADA said the estimated project cost was Rs 21,000 crore. The developer will bear all costs, including costs for transit and rehabilitation of eligible tenements, shops, slum dwellers, other amenities. In 2013, Manjula Veeran and Tekchand Khanchandani filed two PILs in HC, seeking directions to MHADA and BMC to demolish "rampant unauthorised horizontal and vertical constructions" at Motilal Nagar I, II, and III, Goregaon West, MHADA Colony, Mumbai. The colony originally housed 400 tenants, mostly row houses.
