Yes. A wife can claim maintenance in Family Court, Indore even if her husband owns property but claims that he has no income.
However, an important distinction must be understood.
Ownership of property by itself does not automatically prove that the husband has a particular monthly income. A person may own an ancestral house, agricultural land, a vacant plot or other property without receiving regular income from it.
At the same time, ownership of substantial property can be extremely relevant when the husband claims that he has no income or insufficient means to maintain his wife.
The Family Court may examine:
- what properties the husband owns;
- whether those properties generate rent;
- whether they are commercial properties;
- whether agricultural land produces income;
- whether the husband has sold or developed properties;
- whether the properties demonstrate his financial resources;
- whether he has other assets and investments;
- whether his lifestyle is consistent with his claimed income;
- whether he has deliberately stopped earning;
- whether his financial disclosure is complete and truthful.
The Supreme Court has repeatedly emphasized that maintenance proceedings are intended to provide financial support and that the financial circumstances of both parties must be properly placed before the Court. In Rajnesh v. Neha, the Supreme Court prescribed a detailed framework for disclosure of assets, income, expenditure and liabilities in maintenance proceedings.
Therefore, if your husband owns substantial property and says:
“I have no income, therefore I cannot pay maintenance,”
the appropriate response is not simply to say that property ownership itself proves income.
The better approach is to ask:
What does the property tell the Court about his financial resources, earning capacity, rental income, business activity and overall financial circumstances?
1. Does owning property automatically mean that a husband has income?
No.
This is the first legal distinction that a wife should understand.
For example, a husband may own:
- an ancestral residential house;
- agricultural land which does not presently generate significant income;
- a vacant plot;
- an inherited property;
- a self-occupied residence.
Simply owning such property does not automatically mean that the property generates a monthly income.
Therefore, an argument such as:
“My husband owns a house worth ₹1 crore, therefore he earns ₹1 lakh per month”
would not necessarily be correct.
The Court will examine the actual circumstances.
But the situation becomes different where the husband owns:
- rented residential properties;
- commercial shops;
- office premises;
- warehouses;
- multiple flats;
- agricultural land producing income;
- properties used for business;
- properties generating lease income.
In those circumstances, the property may directly produce income or may demonstrate substantial financial resources.
2. “No income” and “no assets” are completely different things
This distinction is extremely important in maintenance proceedings.
A husband may genuinely say:
“At present I have no regular salary.”
That does not necessarily mean:
“I have no financial resources whatsoever.”
A person may have no conventional salary but may possess:
- substantial property;
- rental income;
- business assets;
- investments;
- agricultural income;
- bank deposits;
- shares;
- vehicles;
- partnership interests;
- company interests;
- other sources of financial benefit.
Therefore, when a husband says that he has “no income,” the wife should examine whether he means:
no salary,
no regular monthly income, or
no financial resources at all.
These are not necessarily the same thing.
3. What does Section 144 BNSS require?
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with maintenance of wives, children and parents.
One of the essential statutory requirements is that the person from whom maintenance is claimed must have sufficient means and must neglect or refuse to maintain the person entitled to maintenance in the circumstances specified by the provision.
The Supreme Court has repeatedly explained that the maintenance inquiry is concerned with the financial capacity of the husband and the circumstances of both parties.
In Shamima Farooqui v. Shahid Khan, the Supreme Court rejected the concept that an able-bodied husband can simply avoid his maintenance responsibility by making a bald assertion that he has no job or that his business is not doing well.
Therefore, a husband’s assertion of “no income” should be examined in the context of his entire financial position.
4. What if my husband owns several properties?
This can become significant.
Suppose the husband claims:
“I have no income.”
But the wife establishes that he owns:
- three residential flats;
- two commercial shops;
- agricultural land;
- a commercial building.
The wife should then ask:
- Are the flats rented?
- Are the shops rented?
- Does the commercial building generate rent?
- Is the agricultural land cultivated?
- Is it leased?
- Is the property being used for business?
- Does the husband receive any income from these properties?
- Are other family members collecting the rent on his behalf?
The existence of multiple income-generating assets can be highly relevant.
5. Rental income can be particularly important
Rental income is one of the easiest property-related sources of income to overlook.
A husband may say:
“I am unemployed.”
But if he owns:
- two shops rented at ₹30,000 each;
- one flat rented at ₹25,000;
- an office rented at ₹40,000;
his financial position is obviously different from that of a person who owns no income-producing property.
The wife should therefore specifically investigate whether the husband’s properties are generating:
- rent;
- lease income;
- licence fees;
- commercial receipts.
If rental income is being received by somebody else on his behalf, that circumstance should also be brought to the Court’s attention where supported by evidence.
6. What if the property is in the husband’s name but rent is collected by his father?
This situation requires evidence.
The husband may say:
“The rent does not come to me. My father collects it.”
The wife should not automatically assume that the rent belongs to the husband.
Instead, relevant questions may include:
- Who owns the property?
- In whose name is the rent agreement?
- Who is the lessor?
- Who receives the rent?
- Into whose bank account is rent deposited?
- Who pays property tax?
- Who manages the property?
- Is there any family arrangement?
- Is the husband legally entitled to the rent?
The Court can then determine the relevance of the rental income.
7. What if the husband owns commercial property?
Commercial property can be particularly relevant.
For example:
- shop;
- office;
- showroom;
- warehouse;
- factory premises;
- commercial building.
The wife should establish whether the property:
- is rented;
- is occupied by the husband for business;
- is leased;
- is being developed;
- is being used by another family business;
- generates any other financial benefit.
If the husband is personally using his commercial property for business, it may not produce rental income, but it can still be relevant to understanding the nature and scale of his business activities.
8. What if the husband owns agricultural land?
Agricultural land requires careful examination.
The mere ownership of agricultural land does not establish a particular monthly income.
The wife should examine:
- acreage;
- location;
- nature of land;
- irrigation;
- crops;
- cultivation;
- agricultural activity;
- lease arrangements;
- agricultural income;
- machinery;
- sale of agricultural produce.
If the husband owns substantial agricultural land and claims complete financial inability, those facts may be relevant to the overall assessment.
9. What if the husband owns ancestral property?
Ancestral or inherited property requires even greater care.
The wife should establish the husband’s actual legal interest in the property.
It is not always correct to treat the entire value of an ancestral property as the husband’s personal asset.
For example, if a property is jointly owned by several family members, the husband may have only a fractional interest.
Therefore, the proper question is:
What is the husband’s actual interest in the property, and does it generate any income or financial benefit for him?
10. What if the husband owns a vacant plot?
A vacant plot may not generate regular income.
Therefore, simply saying:
“He owns a plot worth ₹50 lakh.”
does not automatically establish that he receives ₹50 lakh or any monthly income from it.
Nevertheless, the property may still be relevant to:
- his assets;
- net worth;
- financial resources;
- ability to raise funds;
- overall economic circumstances.
The wife should therefore disclose the property accurately without converting its capital value into an imaginary monthly income.
11. Can property ownership help prove that the husband’s “no income” claim is incomplete?
Yes.
This is where property evidence becomes particularly valuable.
Suppose the husband says:
“I have no income and no means to pay maintenance.”
The wife produces evidence showing that he owns:
- multiple commercial properties;
- rental flats;
- agricultural land;
- business premises;
- substantial investments.
The issue then becomes whether his assertion of complete financial inability is credible.
Property ownership may not establish the exact amount of monthly income, but it can demonstrate that the husband’s financial position is more substantial than the bare statement suggests.
12. What documents can help prove the husband’s property ownership?
Depending upon the property and the information lawfully available, relevant material may include:
- sale deed;
- conveyance deed;
- lease deed;
- property tax records;
- municipal records;
- revenue records;
- registration documents;
- mutation records;
- property-related documents;
- rent agreement;
- rental receipts;
- publicly available property information;
- documents previously filed by the husband.
If the wife does not possess the documents, she can place the available information before the Court and seek appropriate disclosure or production of relevant records.
13. Can the wife ask the husband to disclose all properties?
Yes.
This is one of the reasons the Rajnesh v. Neha framework is so important.
The Supreme Court prescribed an affidavit of assets, income, expenditure and liabilities to ensure that the Court has adequate financial information when deciding maintenance.
The disclosure framework requires information concerning assets and financial circumstances rather than merely a monthly income figure.
Therefore, if a husband files an affidavit saying:
“Income: Nil”
the wife should examine the asset section carefully.
The important question is:
What properties and other assets has he disclosed?
14. What if the husband has not disclosed the property at all?
This is more serious.
Suppose the wife knows that the husband owns a commercial shop, but his financial affidavit says:
“No immovable property.”
The wife should specifically bring the discrepancy to the Family Court’s attention.
She can explain:
- what property is omitted;
- how she knows about it;
- why it belongs to the husband;
- what documentary evidence is available;
- why the property is relevant to the maintenance inquiry.
She can then seek appropriate directions for clarification and disclosure.
15. What if the husband transfers property after the maintenance case begins?
The timing may be important.
For example:
Before dispute:
Husband owns two commercial properties.
After maintenance proceedings:
One property is transferred to his brother.
In the maintenance case:
Husband claims that he has no assets and no income.
The wife should preserve the documentary evidence and chronology.
The transfer does not automatically prove fraudulent conduct.
But the circumstances may justify examination of:
- date of transfer;
- consideration;
- transferee;
- relationship with transferee;
- continued possession;
- continued receipt of rent;
- reason for transfer.
The Court can consider the evidence in determining the husband’s financial circumstances.
16. What if the husband says the property belongs to his parents?
This is another common defence.
The wife should not rely merely upon the fact that the husband lives in the property.
Residence in a property does not necessarily mean ownership.
Instead, establish ownership through relevant documents.
If the property genuinely belongs to the husband’s parents, the wife should not treat it as his personal asset merely because he resides there.
But if documents show that the husband owns the property, the fact should be properly placed before the Court.
17. What if the husband has transferred the property to his mother?
The same principle applies.
The wife should examine:
- when the property was transferred;
- whether it was previously owned by the husband;
- whether consideration was paid;
- whether possession changed;
- whether the husband continues to use the property;
- whether he continues to receive rent;
- whether the transfer occurred around the time of matrimonial litigation.
The wife should present facts and evidence rather than making unsupported allegations.
18. Property ownership and “earning capacity” are different concepts
This distinction is important.
A husband may own a property worth ₹2 crore but have no regular income from it.
Conversely, he may own very little property but earn ₹3 lakh per month through his profession.
Therefore:
Property is evidence of assets, not necessarily proof of monthly income.
But assets can be relevant to the broader question of:
What is the husband’s financial capacity and what resources are available to him?
This is why property information should be presented alongside income, business and expenditure evidence.
19. Can the husband say, “My property is not producing income”?
Yes, he can make that assertion.
But it may require examination where the facts suggest otherwise.
For example, if the husband owns:
Five commercial shops
and claims:
“None of them generates any income.”
The wife can reasonably ask:
- Are the shops vacant?
- Why?
- For how long?
- Are they occupied by businesses?
- Are they being used by relatives?
- Are they being used by the husband’s own business?
- Are there rent agreements?
- Who pays electricity/property tax?
- Who has possession?
The Court can examine the evidence.
20. What if the husband has substantial property but says he has no cash?
This is a slightly different situation.
A person can be asset-rich but cash-poor.
The wife should therefore not argue that property value itself equals monthly income.
However, the Court may consider the overall financial circumstances and resources of the husband.
If the husband has substantial assets but claims absolute financial inability, the Court may examine the credibility and completeness of that claim.
The Supreme Court has also dealt with situations involving valuation of immovable property while maintenance was being enforced, illustrating that property can remain relevant to the financial assessment and enforcement context.
21. Can property value affect maintenance?
Potentially, yes, as one part of the overall financial circumstances.
But maintenance should not be calculated mechanically as a percentage of the market value of the husband’s property.
For example:
Property value = ₹2 crore
does not mean:
Monthly maintenance = ₹2 crore × a particular percentage.
There is no such automatic formula.
The Court considers the entire factual situation.
22. What if the husband owns property but lives separately from the wife?
The wife’s maintenance claim does not disappear merely because the husband owns property instead of receiving a conventional salary.
The statutory requirements under Section 144 BNSS must still be established.
The wife generally needs to address:
- matrimonial relationship;
- her inability to maintain herself, where required;
- husband’s sufficient means;
- neglect/refusal to maintain;
- any relevant statutory disqualification or defence.
Property can form part of the evidence concerning the husband’s means.
23. What if the husband is unemployed but owns property?
This is particularly important.
Suppose the husband says:
“I am unemployed.”
but owns:
- commercial property;
- agricultural land;
- several flats;
- business premises.
The wife should not automatically claim that he earns a fixed amount from those assets.
Instead, she should demonstrate:
- ownership;
- nature of property;
- actual use;
- income generated;
- financial benefits;
- other assets;
- previous income;
- earning capacity.
The Supreme Court has emphasized that an able-bodied husband cannot defeat maintenance merely by making a bald claim of unemployment or inability to earn.
24. What if my husband owns property in Indore?
If the property is situated in Indore, it may provide particularly useful evidence regarding the husband’s financial position.
For example:
- commercial shop in Vijay Nagar;
- residential flat in Scheme No. 54;
- office in Palasia;
- agricultural land around Indore;
- commercial property elsewhere in the city.
The wife should establish the husband’s actual ownership and whether the property produces income.
However, property being situated in Indore does not by itself determine territorial jurisdiction of a Section 144 maintenance proceeding. Territorial jurisdiction must be examined under the applicable provisions, including Section 145 BNSS.
25. What if the property is outside Madhya Pradesh?
That does not necessarily make it irrelevant.
A husband may own:
- property in Bhopal;
- property in Delhi;
- property in Mumbai;
- property in Gujarat;
- agricultural land in another State;
- property abroad.
The relevant issue is the husband’s financial interest in that property.
The wife should disclose known properties irrespective of their location.
26. What if the husband owns property jointly with his brother?
Only the husband’s actual interest should be considered.
For example:
Property jointly owned 50:50.
The wife should not claim that the husband owns 100% of the property.
But the husband’s share may still be relevant.
Similarly, if the property produces rent, the husband’s share of rental income may be relevant.
Accuracy is important because exaggerated claims can weaken an otherwise genuine maintenance case.
27. What if the husband owns a property through a company?
This requires a distinction between:
- company property; and
- personal property.
The fact that the husband is a director or shareholder does not automatically make all company assets his personal assets.
However, his:
- shareholding;
- remuneration;
- dividends;
- financial benefits;
- control;
- personal assets;
- transactions with the company
may be relevant to determining his financial capacity.
The wife should therefore obtain appropriate disclosure rather than simply treating company property as the husband’s personal property.
28. Can the wife rely upon property documents filed in another case?
Yes, where the documents are genuine and relevant.
Suppose the husband filed a property document in:
- a civil suit;
- divorce proceeding;
- domestic violence proceeding;
- loan matter;
- other family litigation.
If that document contains an admission concerning ownership or financial status, it may be useful in the maintenance proceeding, subject to the rules applicable to admissibility and proof.
The wife should identify the document and its relevance clearly.
29. Can the wife use municipal or revenue records?
They can be useful for establishing property-related facts, depending upon the nature of the record and what exactly it proves.
For example:
- municipal assessment;
- property tax records;
- revenue records;
- mutation entries.
However, the evidentiary value of each record depends upon its contents and legal purpose.
The wife should not assume that every revenue or municipal entry conclusively establishes title.
30. What if the husband owns property but has heavy loans?
The husband may have genuine liabilities.
The Court can consider relevant liabilities while determining maintenance.
Therefore, if the husband owns:
Property worth ₹1 crore
but has:
genuine outstanding loan of ₹70 lakh,
the entire property value should not simply be treated as freely available income.
This is why a complete assets-and-liabilities analysis is more appropriate than looking at property value alone.
31. What if the husband claims that the property is mortgaged?
The wife can ask for relevant details:
- lender;
- loan amount;
- outstanding balance;
- EMI;
- purpose of loan;
- date of mortgage;
- ownership;
- whether rent is being received;
- whether the mortgage is genuine and subsisting.
Again, the objective is to determine the actual financial position rather than accepting or rejecting the statement automatically.
32. Can the wife’s own financial position also be examined?
Yes.
Maintenance is not determined solely by asking:
“How much property does the husband own?”
The Court can consider the wife’s:
- income;
- assets;
- reasonable needs;
- liabilities;
- earning capacity;
- children’s expenses;
- standard of living;
- other relevant circumstances.
The Supreme Court has emphasized that maintenance cannot be determined solely by the husband’s income; the wife’s income, reasonable needs, residential circumstances and other relevant factors also have to be considered.
Therefore, the wife should also make truthful disclosure.
33. What evidence should I collect if my husband claims “no income”?
A practical evidence file should contain whatever is lawfully available.
Property evidence
- sale deeds;
- property documents;
- municipal records;
- revenue records;
- property tax documents;
- rent agreements;
- photographs of commercial properties.
Income evidence
- rent receipts;
- bank information;
- business documents;
- ITRs;
- GST records;
- salary information;
- previous financial disclosures.
Asset evidence
- vehicle details;
- investments;
- shares;
- fixed deposits;
- business interests.
Lifestyle evidence
- residence;
- vehicles;
- travel;
- business premises;
- children’s expenses.
Litigation evidence
- previous affidavits;
- pleadings;
- statements;
- admissions;
- documents filed in other cases.
The evidence should be organized rather than filed randomly.
34. Prepare a property and income chart
A simple chart can make the issue much clearer before Family Court, Indore.
| Asset/Source | Husband’s disclosure | Evidence available | Issue |
|---|---|---|---|
| Residential flat | Not disclosed | Sale deed | Undisclosed asset |
| Commercial shop | “Vacant” | Rent agreement | Rental income requires examination |
| Agricultural land | Disclosed | Revenue record | Agricultural activity |
| Second property | Not disclosed | Property record | Ownership issue |
| Bank account | One account | Other financial document | Incomplete disclosure |
| Business | “No income” | Business records | Financial capacity requires examination |
This approach converts a general allegation into a structured evidentiary case.
35. What application can be filed before Family Court, Indore?
Depending upon the procedural stage and facts, the wife may seek appropriate directions concerning:
- complete affidavit of assets, income, expenditure and liabilities;
- disclosure of immovable properties;
- clarification of omitted properties;
- production of relevant property documents;
- disclosure of rental income;
- disclosure of bank accounts;
- production of relevant financial records;
- clarification regarding business properties;
- examination of inconsistencies in the financial affidavit.
The application should clearly state:
What property is involved + what the husband has disclosed + what the wife believes is omitted + what evidence supports her position + why the information is relevant.
36. What if my husband refuses to disclose his properties?
The wife should place the non-disclosure before the Court.
If there is reliable evidence that the husband has deliberately withheld material financial information despite a requirement to disclose it, the wife can request the Court to take appropriate steps in accordance with law.
The Rajnesh v. Neha framework makes full and accurate financial disclosure an important part of maintenance litigation. The Supreme Court continues to use that framework in contemporary cases.
37. Can the Court draw an adverse inference from concealment?
Where relevant financial information is withheld in circumstances justifying such a conclusion, the wife can request the Court to draw an appropriate adverse inference.
But the wife should first establish the factual foundation.
For example:
“The husband has stated that he owns no immovable property.”
Then:
“The registered document dated ______ shows ownership of property at ______.”
Then:
“The property is being rented to ______.”
Then:
“The husband has not disclosed the rental income.”
This is a much stronger case than merely saying:
“The husband is hiding property.”
38. Can property ownership prove that the husband has sufficient means?
It can be relevant evidence, but the Court will consider the complete circumstances.
“Sufficient means” should not be understood as meaning only a monthly salary.
The financial capacity of a person can involve:
- income;
- assets;
- business;
- earning capacity;
- rental income;
- investments;
- other financial resources.
At the same time, the wife should not argue that ownership of every asset automatically equals income.
The correct approach is to demonstrate the economic significance of the asset.
39. What if the husband says, “I have property, but I cannot sell it”?
That may be true in particular circumstances.
A residential house in which the husband lives, for example, does not necessarily generate income and cannot simply be treated as a monthly salary.
The wife should therefore distinguish between:
income-producing assets,
non-income-producing assets, and
assets demonstrating overall financial resources.
This makes the maintenance claim more legally precise.
40. What if the husband has deliberately stopped earning despite owning assets?
This can become relevant to earning capacity.
Suppose the husband:
- previously ran a business;
- owns commercial property;
- has substantial experience;
- is physically capable of working;
- voluntarily stopped working after matrimonial litigation began.
The wife can place these circumstances before the Court.
The Supreme Court has held that an able-bodied husband cannot ordinarily avoid his maintenance obligation through a bare plea of inability to earn.
However, the Court must still consider genuine reasons for unemployment or reduced income.
41. Can I claim maintenance if my husband owns only one house?
Possibly, yes.
The fact that the husband owns only one house does not by itself determine whether the wife is entitled to maintenance.
The wife must establish the statutory requirements for maintenance.
The house may be relevant to the husband’s assets, but the Court will also consider:
- whether it is self-occupied;
- whether it generates rent;
- husband’s income;
- wife’s income;
- reasonable needs;
- children;
- liabilities;
- other circumstances.
42. Can I claim maintenance if my husband owns agricultural land but says he has no income?
Yes, a maintenance claim can still be made if the statutory requirements are satisfied.
But the wife should establish whether the agricultural land:
- is cultivated;
- produces crops;
- is leased;
- generates agricultural income;
- is being used commercially.
The mere acreage of land should not be automatically converted into an assumed monthly income without evidence.
43. What if my husband owns property in someone else’s name?
This becomes an evidentiary issue.
The wife should not automatically claim that every property used by the husband belongs to him.
Instead, look for evidence concerning:
- actual ownership;
- purchase consideration;
- possession;
- bank payments;
- business records;
- statements made by the husband;
- documents filed elsewhere;
- control and enjoyment of the property.
Any allegation concerning benami ownership or concealed ownership should be made cautiously and supported by evidence.
44. What if the husband owns property but claims that his wife is also earning?
The wife’s income is relevant, but it does not automatically defeat her maintenance claim.
The Supreme Court has held that merely because a wife earns some income does not automatically bar maintenance; the Court must consider whether her income is sufficient for her support in the circumstances of the case.
Thus, both parties’ financial circumstances should be disclosed truthfully.
45. How should I prove my husband’s actual financial position?
The best approach is to build the case through several layers of evidence:
First layer — Income
Establish:
- salary;
- business;
- rent;
- professional income;
- investments.
Second layer — Assets
Establish:
- properties;
- vehicles;
- investments;
- business interests.
Third layer — Expenditure
Establish:
- lifestyle;
- children’s expenses;
- travel;
- business expenditure;
- household expenses.
Fourth layer — Disclosure
Compare:
What husband says
with
What documents and circumstances show.
Fifth layer — Contradictions
Identify:
- omissions;
- inconsistent statements;
- unexplained transfers;
- undisclosed assets;
- unexplained business activity.
This cumulative approach is generally much stronger than relying upon one isolated document.
46. A practical model pleading regarding undisclosed property
Subject to modification according to the actual facts, a wife may plead:
“That the respondent has stated that he has no income and is financially incapable of maintaining the petitioner. However, the respondent owns and/or has a substantial interest in immovable properties situated at ______, including ______. The said properties have not been fully disclosed in the respondent’s affidavit of assets, income, expenditure and liabilities. Further, the respondent is deriving/appears capable of deriving rental/business/agricultural income from the said properties. The petitioner therefore submits that the respondent’s assertion of having no income does not present the complete picture of his financial circumstances. It is therefore prayed that the respondent be directed to make complete and accurate disclosure of all his immovable and movable assets, income, rental/business income and liabilities and to produce relevant documents as may be necessary for determination of his actual financial capacity.”
The paragraph should be adapted to the actual evidence and should not contain allegations that cannot be supported.
47. What if the husband owns property but genuinely has no current income?
The Court can consider that circumstance.
Maintenance law does not operate on the simplistic principle:
“Property = income = maintenance.”
The Court must consider the complete circumstances.
If the husband genuinely has no current income but owns a non-income-producing ancestral property, the Court may assess that differently from a husband who owns several rented commercial properties and claims zero income.
This distinction is critical.
48. Frequently Asked Questions
Can I claim maintenance merely because my husband owns property?
You can claim maintenance if the statutory requirements are satisfied. Property ownership can be relevant to his financial resources, but ownership alone does not automatically establish a particular amount of income.
My husband says he has no income but owns three shops. What should I do?
Find out whether the shops are rented, used for business, vacant, or occupied by relatives. Place available documents before Family Court, Indore and seek appropriate disclosure regarding ownership and income.
Can I ask my husband to disclose all his properties?
Yes. The financial disclosure framework in maintenance proceedings requires comprehensive information concerning assets and financial circumstances.
What if my husband has not disclosed a property?
Bring the omission specifically to the Court’s attention and provide the evidence available to you concerning the property.
Does owning a house mean that my husband earns income?
No. A self-occupied house may generate no regular income. It may nevertheless be relevant as an asset.
Can agricultural land be considered?
Yes, depending upon the facts. The Court may examine its size, cultivation, lease, agricultural income and other circumstances.
What if the property belongs jointly to my husband and his brother?
The husband’s actual share should be established. The entire property should not automatically be treated as his personal asset.
What if the property has been transferred to his brother?
The wife should examine the date, consideration, circumstances, possession and continued financial benefit and place the relevant evidence before the Court.
Can I use my husband’s property documents from another case?
If they are genuine and relevant, they may be useful evidence, subject to applicable evidentiary requirements.
Can my husband say that he has no salary despite owning property?
Yes, he can make that statement if factually true. But the Court can still examine his property, rental income, business activity, assets and overall financial circumstances.
Can an unemployed husband who owns substantial property be ordered to pay maintenance?
Potentially yes, if the statutory requirements are satisfied and the Court finds sufficient means/financial capacity in the circumstances. The Court will examine the nature of the property and the husband’s overall financial position.
Can maintenance be granted from the date of application?
Section 144 BNSS permits the Court to direct that maintenance or interim maintenance be payable from the date of the application.
49. What should a wife do before filing or during her maintenance case in Family Court, Indore?
A practical approach is:
1. Identify every property known to you.
2. Find out whether each property generates income.
3. Identify the husband’s other assets and sources of income.
4. Carefully examine his affidavit of assets, income, expenditure and liabilities.
5. Compare his disclosure with the evidence available to you.
6. Identify every material omission or contradiction.
7. Collect documents lawfully available to you.
8. Seek appropriate disclosure/production directions from Family Court, Indore.
9. Ask relevant questions in cross-examination.
10. Do not exaggerate the value or income from property.
11. Distinguish property value from actual income.
12. Ask the Court to consider the husband’s complete financial capacity.
50. Conclusion
A husband cannot necessarily avoid a maintenance claim simply by stating:
“I have no income.”
If he owns substantial property, the wife is entitled to place the relevant facts before Family Court, Indore and ask the Court to examine his complete financial circumstances.
But the wife’s case should be legally precise.
Property ownership is not automatically equivalent to monthly income.
A vacant plot is not the same as a rented commercial building.
An ancestral house is not the same as multiple income-producing properties.
A jointly owned property is not necessarily the husband’s entire asset.
And the market value of a property is not automatically the husband’s monthly earning.
The strongest case is therefore to establish:
Property ownership + nature of property + husband’s actual interest + income generated from property + other assets + business/income sources + expenditure + earning capacity + accuracy of financial disclosure.
The Supreme Court’s decision in Rajnesh v. Neha makes comprehensive financial disclosure a central feature of maintenance proceedings, and the Court continues to use that framework in contemporary matrimonial litigation.
Where an able-bodied husband claims that he has no income, the wife should also examine whether the claim is consistent with his overall financial circumstances. The Supreme Court has cautioned against accepting a mere bald plea of inability to earn where the husband is capable of supporting himself and his family.
Therefore, if your husband owns property but claims that he has no income, the appropriate strategy before Family Court, Indore is not merely to say:
“He owns property, so he must pay maintenance.”
The stronger argument is:
“The husband has disclosed no or very little income, but his assets, properties, business activities, rental resources, expenditure and overall financial circumstances indicate that his disclosure does not present his complete financial position. The Court may therefore direct appropriate financial disclosure and consider the complete evidence while determining maintenance.”
That is the more accurate and effective approach to a property-and-income dispute in a maintenance case.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304