Can't determine man's income from I-T return in maintenance case: HC

Time of India

6 days ago

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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.
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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".
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"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."