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Saturday 4 October 2014

Suppressing income to get Alimony whether ethical or permissible?

NEW DELHI: A trial court has expressed concern over the increasing instances of people concealing their actual incomes while seeking maintenance from their estranged partners. The court made the observation while denying maintenance to a woman, saying she was educated enough to fend for herself. It, however, directed the man to pay Rs 7,500 for the maintenance of his disabled child.

The court added that the practice of not disclosing real incomes was especially common among self-employed and people from the unorganized sector.

"I find it appropriate to mention here that it is usual tendency of the parties that they do not disclose their income truthfully especially where the parties are self-employed or employed in the unorganized sector," metropolitan magistrate Vandana said.



While directing the man to pay Rs 7,500 for the maintenance of his son, the court noted that the child's age is about 17 years but his 'social age' is 9-10 years. The court passed the order on the woman's plea seeking interim maintenance from her estranged husband, saying her savings have finished while taking care of her son and now she wants money to maintain herself and the child. However, the court partially accepted the her plea and said she was capable of finding a suitable job and therefore, could take care of her expenses.

Refusing maintenance to the woman, the court said she is a graduate in environmental science from Delhi University and had also done a two-year course from NIIT and a certificate course from IBM.

"Sitting idle of a person who is educated enough to maintain herself/himself without any reasonable cause cannot be considered a reason for demanding maintenance. A person who is capable of work, must work," the magistrate said. It added that the educational status and the standard of living of the woman seemed to be far better than the man.

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