Allahabad High Court: Husband’s Failure to File Income Affidavit Can Lead to Adverse Inference
Court stresses transparency in maintenance disputes
Ruling strengthens rights of wives seeking fair support
By Our Legal Correspondent
New Delhi: January 22, 2026:
In a significant judgment, the Allahabad High Court has held that courts are empowered to draw an adverse inference against a husband who fails to file an affidavit disclosing his income and assets in maintenance proceedings. The ruling, delivered by Justice Garima Prashad, came while dismissing a criminal revision petition filed by a husband challenging an order of the Family Court, Pilibhit, which had directed him to pay ₹3,500 per month as interim maintenance to his estranged wife.
The High Court emphasized that disclosure affidavits are crucial for ensuring fairness in maintenance cases under Section 125 of the Code of Criminal Procedure (CrPC). By failing to file such affidavits, husbands risk courts presuming concealment of income, thereby strengthening the wife’s claim for support.
Case Background
- The couple married in June 2020 but began living separately in March 2022.
- The wife filed for maintenance under Section 125 CrPC, alleging she was forced out of the matrimonial home.
- The Family Court granted her interim maintenance of ₹3,500 per month.
- The husband challenged this order, arguing that the amount was excessive and that his financial condition was not considered.
- However, he had failed to file an affidavit disclosing his income and assets despite being given opportunities.
The High Court dismissed his petition, upholding the Family Court’s order and stressing the importance of transparency in financial disclosures.
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Court’s Observations
Justice Garima Prashad made several key points:
- Mandatory disclosure: Husbands must file income affidavits to enable courts to assess their financial capacity.
- Adverse inference: If a husband fails to disclose income, courts can presume concealment and award maintenance accordingly.
- Fairness in proceedings: Maintenance orders must reflect the earning reality, not assumptions.
- Education expenses: The court also upheld that wives could claim interim maintenance for educational expenses, recognizing broader needs beyond subsistence.
Broader Legal Context
The ruling aligns with earlier judgments emphasizing fairness in maintenance cases:
- Courts have repeatedly stressed that maintenance must reflect actual earning capacity, not speculative figures.
- In professions with irregular income (e.g., junior lawyers, farmers), courts have adjusted maintenance amounts to reflect financial realities.
- However, failure to disclose income tilts the balance against the husband, as courts cannot rely on unverified claims.
This ensures that wives are not left destitute due to concealment of financial details.
Implications of the Ruling
The judgment has wide implications:
- Strengthens women’s rights: Ensures wives receive fair support even if husbands attempt to hide income.
- Promotes transparency: Encourages full disclosure of financial details in matrimonial disputes.
- Deters misuse: Prevents husbands from evading responsibility by withholding information.
- Guidance for family courts: Provides clarity on how to handle non-disclosure in maintenance cases.
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Public and Expert Reactions
- Legal experts: Welcomed the ruling as a step toward gender justice and transparency.
- Women’s rights activists: Said the judgment will empower women to fight for fair maintenance.
- Critics: Some argue that adverse inference could unfairly burden husbands with unstable incomes, but courts have clarified that maintenance must reflect realistic earning capacity.
Conclusion
The Allahabad High Court’s ruling that courts can draw adverse inference against husbands who fail to file income affidavits in maintenance cases is a landmark step toward fairness and transparency in matrimonial disputes. By holding husbands accountable for disclosure, the judgment strengthens women’s rights and ensures that maintenance reflects actual financial realities.
This case underscores the judiciary’s commitment to balancing fairness with responsibility, ensuring that wives are not left vulnerable due to concealment of income.
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