Husband avoid to paying maintenance to wife and leave his family business

Shivendra Pratap Singh


High Court Lucknow

Family Law | Maintenance

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Advised on 23 Feb, 2023

Question: My husband does not want to pay alimony therefore, he has relinquished his family business. Now he is claiming that I have no source of income and am not able to maintain my wife and child. The court has asked him to produce income proof but he failed to produce it. I am facing a problem in caring for my son and myself. What is the possibility in this situation to get maintenance from the court?

Asked from: Delhi

If your husband is not willing to produce his income proof you can produce some evidence regarding his family business. It will empower the court to fix at least an interim maintenance till the final disposal of your case.

The court may presume that the husband has sufficient income if he does not give income proof after repeated instruction of the court. In this situation an adverse inference will go against his plea that he is a jobless person. A jobless husband is also bound to maintain his wife and children.

You can produce his income tax details, evidence about his living standard, educational qualification and other evidence which tends to prove that he has sufficient means. The court shall admit all that evidence and decide the interim maintenance.

For deciding the interim maintenance the court does not go into the merit of the case. At this stage you have to prove that 

  • You have no sufficient means to maintain yourself and your son. 
  • The husband has sufficient means. You can produce his income proof (if any).
  • Monthly essential expenses of your son and yourself. Must produce a list of essential monthly expenses including the litigation expenses.
  • Living standard and status of your husband.
  • How much you spend monthly in your matrimonial home.

Take the above mentioned steps and try to decide an interim maintenance. When the court decides ad-interim maintenance it may be possible that your husband may cooperate in the case.