Can’t equate MBA’s earnings with that of labourer’s: HC

IN ABSENCE OF INCOME PROOF

Can’t equate MBA’s earnings with that of labourer’s: HC

Ajay.Sura@timesgroup.com

Chandigarh: 01.04.2021

The income of a person with an MBA cannot be equated with the earnings of a labourer in case of non-availability of income proof, the Punjab and Haryana high court has held.

The court also clarified that the cost index and status of the two sides fighting a case are to be considered while determining maintenance allowance to estranged wife in matrimonial disputes.

“The contention that income of the petitioner should be considered as a labourer and thereafter interim maintenance should be fixed, is noted to be rejected. The pleadings that the petitioner is a fashion designer and with an MBA qualification have not been denied. It would not be appropriate to equate the petitioner (an MBA) with a labourer. While fixing interim maintenance, the cost index and status of the parties is to be considered,” held Justice Avneesh Jhingan of the high court, who passed these orders while dismissing a plea filed by a Sonipat resident.

The petitioner had approached the HC following an order of February 12, 2020, passed by a family court in Rohtak fixing interim maintenance of ₹7,000 per month to be paid to his wife under Section 125 CrPC.

In her plea seeking maintenance, the petitioner’s wife had pleaded that after their marriage she was subjected to cruelty and forced to live separately. She has no source of income.

EVIDENCE ISSUE

The petitioner denied the plea regarding his qualification and income of Rs.40,000 per month on the grounds that there is no proof that he is earning Rs 40,000 per month.