Maintenance claims: Why courts may consider more than just your declared income

Hearing the plea, Additional Sessions Judge Parveen Singh said the contention that the amount was too meagre to enable the woman to survive in Delhi could not be disputed.

For an average salaried person facing a maintenance claim, what financial factors should they understand before assuming that the court will either accept their declared income or order an amount based solely on their spouse’s needs?

Amitraj Kaushal, Advocate at Supreme Court of India, said courts will generally look beyond the salary figure merely declared by the spouse.

“For an average salaried person facing a maintenance claim, the court will generally look beyond the salary figure merely declared by the spouse. The person should be prepared to disclose credible evidence of actual income, including salary slips, bank statements, ITRs, Form 16, investments, assets, loans and other regular financial commitments. At the same time, courts may assess earning capacity and the overall financial circumstances where the declared income appears incomplete or unreliable," said Amitraj Kaushal.

"Maintenance is not determined solely by the recipient’s needs. The paying spouse’s actual or reasonably assessable financial capacity is equally relevant. Legitimate liabilities and dependent family members may also be considered, although voluntary or artificially created expenses cannot necessarily be used to reduce maintenance," added Amitraj Kaushal.

“Therefore, a salaried person should maintain transparent financial records and make full and truthful disclosure. The objective is to arrive at a fair amount that balances the claimant’s needs with the respondent’s genuine means,” noted Kaushal.

Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, maintenance can be sought by a wife, children and parents in specified circumstances. The provision replaced Section 125 of the Code of Criminal Procedure.

Maintenance may also be sought under Section 20 of the Protection of Women from Domestic Violence Act, 2005, which provides for monetary relief.