Husbands income - ITR details

Dear Client,
Both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself or her children. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In the case of Sunita Kachwaha & Ors. versus Anil Kachwaha (2014), the Supreme Court held that the mere fact that the wife was earning some income could not be enough to disentitle her from her right to maintenance. If maintenance is paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. The court can also grant one-third to one-fifth of the husband's net worth as maintenance. To enforce maintenance orders court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of the Cr. PC. The Hon'ble Supreme Court in the case of Rajnesh versus Neha (2021(2) SCC 324) categorically held that "For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced under Section 28-A of the Hindu Marriage Act. and Section 128 of Cr PC and the order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly as per Sections 51, 55, 58, 60 read with Order 21 of CPC. The aggrieved party can approach the court for the enforcement of an order of maintenance/alimony which may involve legal actions like attachment of property, garnishment of wages, or even imprisonment (depending on the specific case and applicable laws), failing which the aggrieved party can file a petition before the High Court under Article 227 of the Constitution seeking an order for enforcement of order of maintenance/alimony by the trial court in compliance with the provision of relevant law(s)s as stated hereinabove. So, in case, the husband fails to comply with the order of maintenance for any reason, consult with an experienced Advocate to understand your rights and remedies to navigate the matter legally and effectively.