Delhi high court expands alimony criteria

The Delhi high court has expanded the criteria to determine alimony to estranged wives.

It ruled that sources of income not declared by husbands in tax returns must be taken into account to arrive at a fair amount of maintenance.

“In determining the quantum of maintenance to be awarded to a wife, income-tax returns are not the sole guide,” the high court said.

Such tax returns do not reflect the true income of a party. Therefore, they cannot be the sole guide, justice S Ravindra Bhat said.

The ruling came on an appeal filed by Prerna Kapoor alleging that her husband Pawan was not paying her monthly maintenance despite having a “huge income”.

Prerna claimed that she was unemployed and her husband, who works for an MNC, earned Rs40 lakh per year.

She demanded a monthly maintenance of Rs50,000, saying she had taken an education loan for a course at University of Derby, United Kingdom, and was unable to meet her requirements. But the court agreed to only Rs20,000.

Pawan denied her claim and submitted that his earning capacity and performance suffered due to hypertension, a permanent problem in his left eye and hemorrhage of the right eye. He attributed these problems to atrocities committed by his wife.