If a husband is running a business but deliberately understates or conceals his actual income in a maintenance proceeding, the wife is not required to simply accept whatever income figure the husband chooses to disclose before the Family Court, Indore.
In a maintenance proceeding, the Court is concerned with the real financial capacity of the husband, his income and resources, his assets and liabilities, the needs of the wife and children, and the overall circumstances of the parties.
A husband cannot ordinarily defeat a genuine claim for maintenance merely by saying that his business earns very little, that his income is only the amount shown in his Income Tax Return, or that the business is running at a nominal profit, if the surrounding evidence indicates otherwise.
The Supreme Court has repeatedly emphasized the importance of disclosure of income, assets, expenditure and liabilities in maintenance proceedings. In Rajnesh v. Neha, the Supreme Court prescribed a framework requiring disclosure of financial information. The Supreme Court has continued to direct parties in subsequent cases to file affidavits of assets and income in accordance with that framework.
For a wife appearing before Family Court, Indore, the important question therefore is not merely:
“My husband says that he earns ₹30,000 per month. What can I do?”
The more important question is:
“What evidence can I place before the Family Court, Indore to show his actual financial capacity and business income?”
1. Can a husband hide his business income in a maintenance case?
He may attempt to do so, but concealment of actual income can be challenged before the Family Court.
Business income is different from a fixed salary.
A businessman may have income from:
- proprietorship business;
- partnership firm;
- private limited company;
- family business;
- consultancy;
- commission;
- trading;
- manufacturing;
- construction;
- real-estate transactions;
- transport business;
- online business;
- professional practice;
- rental properties;
- interest;
- investments;
- agricultural activities;
- dividends;
- multiple businesses; or
- cash transactions.
Therefore, merely looking at one figure described by the husband as his “monthly salary” may not present the complete financial picture.
For example, a husband may state:
“I earn only ₹40,000 per month.”
But if the evidence shows that he owns a business having substantial turnover, maintains expensive vehicles, owns commercial properties, regularly travels, employs several persons, maintains substantial bank transactions and enjoys a high standard of living, the Court may examine the entire financial circumstances rather than mechanically accepting the figure of ₹40,000.
The wife should therefore challenge the credibility and completeness of the disclosure, rather than simply arguing that the husband must be earning more.
2. The first step: ask the husband to make complete financial disclosure
One of the most important remedies available to a wife is to insist upon proper disclosure of the husband’s:
- income;
- business income;
- assets;
- liabilities;
- expenditure;
- bank accounts;
- investments;
- properties;
- vehicles;
- business interests;
- partnership interests;
- company interests; and
- other sources of income.
The Supreme Court’s decision in Rajnesh v. Neha established a framework for disclosure of assets and income in maintenance proceedings. The disclosure framework requires information concerning income, assets, liabilities and expenditure and also contemplates information concerning the financial circumstances of the other spouse where known.
The Supreme Court continues to use this framework in contemporary matrimonial and maintenance litigation. For example, in a 2026 proceeding, the Court directed parties to file affidavits of assets and income, both in India and abroad, in accordance with Rajnesh v. Neha.
Therefore, where the husband is a businessman, the wife should not be satisfied with a vague statement such as:
“My income is only ₹25,000 per month.”
The wife can request complete financial disclosure supported by documents.
3. What should the wife ask the Family Court, Indore to examine?
The wife should place before the Court the circumstances indicating that the husband’s disclosed income does not represent his actual financial capacity.
Depending upon the nature of the business, the following may become relevant:
Business registration
The wife may identify whether the husband operates:
- a proprietorship;
- partnership firm;
- LLP;
- private limited company;
- family business;
- shop;
- factory;
- agency;
- consultancy;
- professional establishment.
Documents relating to the constitution and ownership of the business can help establish his connection with the business.
GST records
If the business is registered under GST, GST-related records can be highly relevant.
Depending upon the case and the Court’s directions, relevant GST records may assist in determining the scale of business activity and transactions.
Importantly, GST turnover is not automatically equivalent to the husband’s personal income or profit.
This distinction should be clearly understood.
A business may have substantial turnover but comparatively lower net profit.
Therefore, the wife should not simply argue:
“His GST turnover is ₹2 crore, therefore his personal income is ₹2 crore.”
Instead, the argument should be:
“The business activity and financial records demonstrate a substantial earning capacity and require proper examination of the husband’s actual income, profit, withdrawals, benefits, assets and resources.”
Income Tax Returns
Income Tax Returns can be relevant, but they should not necessarily be treated as the sole and conclusive measure of actual financial capacity.
A businessman may show taxable income after claiming legitimate business expenses, depreciation, deductions and other accounting adjustments.
The Court can therefore consider the overall financial circumstances and available evidence.
If the wife has reason to believe that the husband has disclosed an artificially low income, she should specifically identify the circumstances creating that doubt.
4. What if the husband says his business is running at a loss?
This is a common defence in maintenance proceedings.
The husband may state:
“My business is running at a loss.”
That statement should not automatically end the inquiry.
The wife should ask:
- How long has the business been running at a loss?
- What was the business income in previous years?
- What is the turnover?
- What are the business expenses?
- Who owns the business premises?
- Who owns the machinery?
- Who owns the vehicles?
- What is the husband’s share in the business?
- Are there withdrawals from the business?
- Does the husband have other businesses?
- Has he recently transferred assets?
- Has he closed one business and started another?
- Does the lifestyle of the husband correspond with the alleged low income?
The Court can examine the evidence rather than merely accepting the statement that the business is suffering losses.
5. Previous income can be extremely important
Suppose the husband was previously earning ₹2 lakh per month from his business.
After the wife files a maintenance case, he suddenly claims:
“My income is only ₹30,000 per month.”
This creates an obvious factual issue requiring examination.
The wife should collect whatever lawful evidence she possesses regarding the husband’s previous financial position.
For example:
- old business documents;
- invoices;
- advertisements;
- website information;
- social-media business profiles;
- publicly available business information;
- photographs of business premises;
- information regarding commercial properties;
- previous financial documents available to the wife;
- previous statements made by the husband;
- documents filed in other proceedings;
- evidence of business expansion;
- evidence concerning vehicles and properties;
- information regarding professional activities.
The objective is not to exaggerate the husband’s income.
The objective is to demonstrate that the income disclosed by him may not represent his true financial capacity.
6. What if the business is actually in the husband’s father’s or brother’s name?
This situation requires careful factual analysis.
A husband may say:
“The business does not belong to me. It belongs to my father.”
or:
“The company belongs to my brother.”
That statement by itself does not necessarily establish that the husband has no income from or connection with the business.
The wife should examine facts such as:
- Who actually manages the business?
- Who deals with customers?
- Who signs documents?
- Who operates the business bank account?
- Who owns the premises?
- Who owns the vehicles and machinery?
- Who receives money?
- Who represents the business publicly?
- What role does the husband play?
- Does the husband receive remuneration?
- Does he receive commission?
- Does he receive benefits from the business?
- Has the business historically been operated by the husband?
- Has ownership recently been transferred?
If there is evidence that the husband is effectively operating the business despite nominal ownership being shown in somebody else’s name, that evidence should be brought before the Family Court.
However, the wife should avoid making unsupported allegations that every family business belongs to the husband.
The Court will look at evidence.
7. Ask the husband to disclose all bank accounts
Bank transactions can be important evidence in a business-income dispute.
Depending upon the facts and procedural directions of the Court, the wife can seek appropriate disclosure or production of relevant financial records.
Potentially relevant material may include:
- savings accounts;
- current accounts;
- business accounts;
- joint accounts;
- investment accounts;
- fixed deposits;
- loan accounts;
- credit-card statements;
- payment-platform records;
- other financial accounts.
The purpose is to determine whether the husband’s declared income corresponds with his actual financial activity.
A significant difference between declared income and financial transactions may require explanation.
8. Ask for documents relating to the business
The wife can request appropriate directions for production/disclosure of relevant documents.
Depending upon the nature of the business, these may include:
- balance sheets;
- profit and loss statements;
- business ledgers;
- GST records;
- audited accounts;
- bank statements;
- invoices;
- business registration documents;
- partnership documents;
- company records;
- salary/remuneration records;
- details of business assets;
- loan documents;
- investment records;
- rental income records.
The exact documents should be sought according to the nature of the husband’s business and the facts of the case.
A blanket request for every conceivable document may be less effective than a specific, reasoned application identifying why particular records are relevant.
9. Can the wife ask the Court to summon business records?
Yes, where particular records are relevant and legally obtainable, the wife can seek appropriate directions from the Family Court.
For example, if the husband claims:
“My business earns almost nothing.”
but the wife has credible material showing substantial business activity, she can place that material before the Court and request appropriate production, disclosure or summoning of relevant records.
The Court can then decide what documents are necessary for determining the husband’s actual financial position.
The important point is that the wife should connect the requested document with the issue of income.
For example:
“The husband has disclosed that he is carrying on business through X firm, but has not disclosed the financial records of the said business. The records are necessary to determine his actual income and financial capacity.”
This is considerably stronger than making a general allegation that the husband is hiding everything.
10. Can the wife’s own knowledge of the business be useful?
Absolutely.
A wife may know details about her husband’s business because she previously lived with him.
She may know:
- the name of the business;
- location of the shop/factory/office;
- names of business partners;
- approximate business activity;
- major customers;
- vehicles used for business;
- properties owned;
- employees;
- business expansion;
- investments;
- lifestyle;
- travel;
- business-related expenses.
These facts can be stated specifically in the maintenance proceedings.
For example, instead of saying:
“My husband is a rich businessman.”
the wife should state:
“The respondent is carrying on business under the name and style of ______ at __. He has been engaged in the said business for several years. The respondent operates/controls ______ and owns/uses ______ vehicles. He has represented himself as ______ in his business dealings. Despite these circumstances, he has disclosed an income of only ₹ per month.”
Specific facts are far more useful than general allegations.
11. Lifestyle can be relevant—but it is not conclusive
The husband’s lifestyle may provide supporting evidence.
For example:
- expensive car;
- multiple vehicles;
- expensive residential property;
- frequent foreign travel;
- expensive business premises;
- club membership;
- substantial social expenditure;
- children’s expensive schooling;
- high-value purchases;
- substantial investments.
However, lifestyle alone should not be presented as mathematical proof of income.
The better approach is to use lifestyle evidence together with:
- business records;
- property ownership;
- bank transactions;
- previous income;
- tax records;
- business activity;
- investment records;
- expenditure.
The cumulative circumstances can help the Court assess the husband’s real financial position.
12. What if the husband gives a false affidavit of income?
This is a serious matter.
The financial disclosure framework associated with Rajnesh v. Neha requires a declaration of full and accurate disclosure. The prescribed affidavit also contains an undertaking concerning material changes in financial circumstances.
Therefore, if the wife has credible material demonstrating that the husband’s disclosure is materially false or incomplete, she should bring the discrepancy to the Court’s attention.
For example:
Husband’s affidavit: income ₹35,000 per month.
But evidence indicates:
Business activity substantially greater than disclosed + commercial property + multiple vehicles + substantial bank transactions + previous higher income.
The wife can seek appropriate directions for clarification, additional disclosure and production of relevant records.
The wife should, however, distinguish between:
incorrect accounting information and deliberate false disclosure.
An allegation of fraud or perjury should be made responsibly and supported by evidence.
13. Can the Court determine maintenance on the basis of earning capacity?
The Court is not required to blindly accept a deliberately understated income merely because the husband has written a particular figure in an affidavit.
The overall financial capacity of the husband is relevant.
This becomes particularly important where an able-bodied husband claims an unrealistically low income without convincing explanation.
The Supreme Court in Shamima Farooqui v. Shahid Khan emphasized that an able-bodied husband cannot simply avoid maintenance responsibility by taking a bare plea of lack of income; the circumstances explaining genuine inability have to be considered.
Therefore, if the husband is:
- qualified;
- experienced;
- running a business;
- previously earning substantially;
- physically capable of working; and
- apparently maintaining a substantial lifestyle,
but suddenly claims negligible income, the wife should place the surrounding evidence before the Court.
14. What if the husband deliberately suppresses income to reduce interim maintenance?
This is particularly important because interim maintenance is often the first major financial issue before Family Court, Indore.
The wife should not wait until the final stage of the case if there is credible material indicating that the husband has concealed his income.
She can place the relevant material before the Court while the application for interim maintenance is being considered.
The Supreme Court’s maintenance jurisprudence recognizes the importance of financial disclosure in determining maintenance. Recent Supreme Court proceedings continue to require parties to file assets and income affidavits in the Rajnesh v. Neha format.
The wife should therefore consider filing a specific application concerning incomplete or misleading financial disclosure where the circumstances justify it.
15. Can the wife seek maintenance 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 order or, if so directed, from the date of the application.
Therefore, the wife should make an appropriate request that maintenance be granted from the date of filing of the application, wherever the facts justify such relief.
This becomes particularly important when the husband prolongs proceedings while simultaneously withholding financial information.
16. What if the husband says that the business has no profit but he owns properties?
The wife should distinguish between:
income, assets, and earning capacity.
A property may not generate monthly income.
However, ownership of substantial assets can still be relevant to understanding the husband’s overall financial position.
For example, if the husband claims:
“I have no income.”
but owns:
- commercial property;
- residential properties;
- agricultural land;
- multiple vehicles;
- substantial investments;
the wife should place these facts before the Court.
The existence of assets does not automatically establish a particular monthly income, but it can be relevant to assessing the husband’s financial resources and credibility.
17. What if the husband transfers his business to a relative?
This is another situation requiring careful evidence.
Suppose the husband operated a profitable business for years but shortly before or after the maintenance dispute:
- transfers the business to his brother;
- transfers shares;
- closes his proprietorship;
- starts showing himself as unemployed;
- transfers vehicles;
- transfers property;
- changes the business structure.
The wife should document the chronology.
The question becomes:
Why did the financial change occur, and is it genuine or merely a device to reduce the husband’s apparent income?
The timing of the transaction can be important evidence, although timing alone does not prove fraud.
18. Can the wife use information available online?
Yes, publicly available information can sometimes be useful.
For example:
- business website;
- publicly available company information;
- professional profile;
- business advertisements;
- social-media business pages;
- publicly available property information;
- publicly available information identifying the husband as proprietor/director/partner.
Such material can help establish the husband’s connection with a business or asset.
However, the wife should preserve the material properly and should not rely upon screenshots alone where more reliable documentary evidence is available.
19. What if the husband is a director in a company?
Being a director of a company does not automatically mean that the husband’s personal income equals the company’s turnover or profit.
The distinction between:
- company revenue;
- company profit;
- director’s remuneration;
- dividends;
- loans/advances;
- benefits;
- personal assets; and
- other income
must be maintained.
The wife should therefore seek appropriate financial disclosure rather than simply claiming:
“The company’s turnover is ₹10 crore, so husband earns ₹10 crore.”
That argument may be legally inaccurate.
A more effective case is:
“The husband is associated with and/or controls the company and has disclosed insufficient information regarding his remuneration, financial benefits, shareholding, dividends and other sources of income. The relevant financial records are necessary to determine his actual financial capacity.”
20. What if the husband has multiple businesses?
The wife should specifically identify each known source.
For example:
Business A – manufacturing
Business B – property dealing
Business C – transport
Rental property – Indore
Investment income – bank/financial investments
If the husband discloses only one source while ignoring others, the wife should bring the omission to the Court’s attention.
The Supreme Court’s disclosure framework is designed to obtain information concerning income and financial circumstances rather than limiting the inquiry to one salary figure.
21. What evidence should a wife collect before approaching Family Court, Indore?
A practical evidence file can be extremely useful.
Business-related evidence
Collect whatever lawfully available material you already possess concerning:
- business name;
- business address;
- proprietor/partner/director status;
- advertisements;
- invoices;
- visiting cards;
- brochures;
- business website;
- publicly available business profiles;
- photographs of business premises;
- partnership/company information.
Financial evidence
Where lawfully available:
- bank statements;
- investment information;
- property documents;
- loan documents;
- insurance information;
- vehicle ownership information;
- previous income documents.
Lifestyle evidence
Where relevant:
- vehicle ownership;
- expensive purchases;
- travel;
- property;
- children’s expenditure;
- business premises;
- other significant expenditure.
Previous matrimonial proceedings
Also check whether the husband has disclosed his income in:
- divorce proceedings;
- domestic violence proceedings;
- previous maintenance proceedings;
- mediation;
- settlement discussions;
- bail proceedings;
- other litigation.
A contradiction between statements made in different proceedings can be particularly relevant.
22. Do not exaggerate the husband’s income
This is an important practical warning.
If the wife does not know the exact income, she should not invent a figure.
Instead of stating:
“My husband earns ₹10 lakh per month.”
when there is no evidence, it is better to state:
“The husband has substantial business activities and has not made complete disclosure of his income and financial resources. The income disclosed by him appears inconsistent with the available material, and appropriate disclosure and production of relevant records may kindly be directed.”
This approach is more credible.
The objective is to enable the Court to arrive at a fair assessment.
23. Can the wife request an adverse inference?
Where a party who is expected to disclose relevant financial information withholds material information despite appropriate directions, the wife can request the Court to draw such inference as may be permissible in the circumstances.
The precise consequence will depend upon:
- the nature of the document;
- the Court’s directions;
- the explanation given by the husband;
- the evidence already available;
- the relevance of the document.
The wife should therefore build a record showing:
- what the husband was asked to disclose;
- what he disclosed;
- what he failed to disclose;
- why the omitted information is relevant; and
- what evidence indicates that the disclosure is incomplete.
24. What application can be filed before Family Court, Indore?
Depending upon the procedural stage and facts, the wife may consider an application seeking appropriate directions regarding:
- complete affidavit of assets, income, expenditure and liabilities;
- clarification of deficiencies in the affidavit;
- production of specific business records;
- disclosure of bank accounts;
- disclosure of business interests;
- production of relevant tax/business documents;
- examination of financial inconsistencies;
- appropriate consideration of concealed income while deciding interim maintenance.
The application should be fact-specific.
It should not merely say:
“The husband is hiding his income.”
It should explain how the wife believes the income is being hidden.
25. A useful way to plead the issue
A wife may plead facts along these lines, subject to modification according to the actual evidence:
“That the respondent is carrying on business under the name and style of ______ at ______ and has substantial business activities and financial resources. However, in the affidavit of income/assets filed before this Hon’ble Court, the respondent has disclosed his income as only ₹______ per month and has failed to make complete disclosure regarding his business turnover/activity, bank accounts, business interests, assets and other sources of income. The income so disclosed is inconsistent with the respondent’s known business activities, assets, expenditure and standard of living. The petitioner therefore submits that the respondent be directed to make complete and truthful disclosure of his income, assets, expenditure and liabilities and to produce such relevant business and financial documents as may be necessary for determining his actual financial capacity.”
The exact pleading should be adapted to the documents available in the particular case.
26. What if the husband is hiding cash income?
Cash-intensive businesses present greater evidentiary difficulty.
The wife should not simply state:
“He receives cash.”
She should identify the circumstances supporting the allegation.
For example:
- nature of the business;
- volume of business;
- known customers;
- business premises;
- employees;
- previous financial position;
- purchases;
- sales;
- business advertisements;
- lifestyle;
- vehicles;
- properties;
- other corroborating evidence.
The stronger the surrounding evidence, the more seriously the allegation can be examined.
27. What if the husband says the wife is also earning?
This is a separate question from whether the husband has concealed his income.
A wife having some income does not automatically mean that she is disentitled to maintenance.
The Court may consider the wife’s actual income, financial resources and ability to maintain herself while determining entitlement and quantum.
Therefore, the husband cannot necessarily avoid disclosure of his own income by merely alleging:
“My wife is working.”
Both parties’ financial circumstances can be relevant.
The Supreme Court’s financial disclosure framework is intended to provide the Court with a fuller picture of the parties’ respective financial circumstances.
28. Can business income affect the amount of maintenance?
Yes.
Maintenance is not calculated simply by applying a fixed percentage to the husband’s declared salary in every case.
The Court considers the circumstances of the parties, including:
- husband’s income and financial capacity;
- wife’s income and resources;
- reasonable needs;
- children’s needs;
- standard of living;
- liabilities;
- assets;
- dependants;
- educational expenses;
- medical expenses;
- other relevant circumstances.
Therefore, establishing the husband’s true financial position can have a significant effect on the quantum of maintenance.
29. What if the husband lives outside Indore?
The husband does not necessarily escape the jurisdiction of Family Court, Indore merely because his business or residence is in another city or State.
Section 145 BNSS contains alternative territorial bases for proceedings under Section 144, including the district where the husband is, where he or his wife resides, and where he last resided with his wife, subject to the statutory requirements and the jurisdiction of the Family Court concerned.
Thus, if the wife genuinely resides in Indore and the statutory requirements are satisfied, the husband’s business being located elsewhere does not automatically defeat the proceeding in Family Court, Indore.
This is particularly important in cases where:
- wife resides in Indore;
- husband runs business in Mumbai/Delhi/Ahmedabad/Bhopal etc.;
- husband has shifted after separation;
- husband operates business from another State;
- husband claims that he cannot attend Indore.
The jurisdiction issue and the income-disclosure issue should be dealt with separately.
30. What if the husband deliberately stops showing business income after the maintenance case begins?
The chronology becomes important.
For example:
Before matrimonial dispute:
Husband operates successful business.
After separation:
Business continues.
After maintenance case:
Husband claims business has suddenly collapsed.
In such a case, the wife should place the chronology before the Court.
However, the Court should still be given evidence of the alleged business activity and not merely suspicion.
The wife’s case becomes stronger if there is independent material showing that business operations continued.
31. Can concealment of income be relevant to the credibility of the husband?
Yes.
If a husband makes inconsistent statements about:
- business ownership;
- income;
- properties;
- bank accounts;
- vehicles;
- employment;
- business activities;
those inconsistencies may affect the Court’s assessment of his financial disclosure.
A recent Supreme Court judgment, for example, dealt with a case where the husband’s financial disclosure and actual financial status were considered in determining maintenance. The Court restored interim maintenance after finding that the High Court had not properly considered the income disclosed by the wife regarding the husband.
This illustrates why the financial evidence placed before the Court matters.
32. Practical strategy for a wife before Family Court, Indore
If I were advising a wife in such a case, I would generally structure the case in the following sequence:
Step 1 — Identify every known business
Prepare a list of all businesses connected with the husband.
Step 2 — Establish his connection with each business
Show whether he is:
- proprietor;
- partner;
- director;
- manager;
- consultant;
- person actually operating the business.
Step 3 — Examine his financial affidavit
Prepare a comparison chart:
| Particular | Husband’s disclosure | Information/evidence available with wife |
|---|---|---|
| Monthly income | ₹_____ | ₹_____ / requires disclosure |
| Business | _____ | _____ |
| Bank accounts | _____ | _____ |
| Properties | _____ | _____ |
| Vehicles | _____ | _____ |
| Investments | _____ | _____ |
| Business interests | _____ | _____ |
| Other income | _____ | _____ |
This can make contradictions immediately visible.
Step 4 — Identify specific missing documents
Do not ask for “everything”.
Identify the documents necessary to establish the disputed financial facts.
Step 5 — File appropriate application
Seek appropriate directions for disclosure, clarification and production of relevant records.
Step 6 — Support the application with evidence
Attach whatever documents are lawfully available to demonstrate the basis of the allegation.
Step 7 — Ask for fair interim maintenance
Do not wait indefinitely for the final determination if there is a genuine need for interim maintenance.
Step 8 — Continue monitoring financial changes
If the husband’s financial circumstances materially change, the Court can consider the change in circumstances under the applicable law.
33. Important distinction: turnover is not income
This deserves special emphasis for business-income cases.
Suppose the husband operates a business with:
Annual turnover: ₹3 crore
It does not automatically follow that:
Husband’s personal income = ₹3 crore.
The business may have:
- cost of goods;
- salaries;
- rent;
- electricity;
- transportation;
- taxes;
- interest;
- depreciation;
- other legitimate expenses.
Therefore, the wife’s case should be built around actual profit, remuneration, withdrawals, benefits, assets and overall financial capacity, not merely gross turnover.
At the same time, the husband should not be permitted to use accounting terminology as a shield for avoiding a genuine disclosure of his financial circumstances.
34. What if the husband’s ITR shows very low income?
An ITR is relevant evidence, but the wife can challenge the conclusion sought to be drawn from it where surrounding circumstances indicate that the disclosed taxable income does not adequately reflect his financial capacity.
For example:
ITR income: ₹4 lakh per year
but:
- husband owns multiple properties;
- operates a substantial business;
- owns expensive vehicles;
- has substantial investments;
- has significant business expenditure;
- maintains a lifestyle inconsistent with the alleged income.
The wife should ask the Court to consider the complete financial picture.
The argument should not be:
“Ignore his ITR.”
It should be:
“The ITR is one piece of evidence and the complete financial circumstances should also be considered.”
35. What should a wife avoid doing?
A wife should avoid:
- inventing an income figure;
- relying only on rumours;
- making unsupported allegations of fraud;
- obtaining documents illegally;
- exaggerating business turnover as personal income;
- filing irrelevant documents in large quantities;
- making allegations without identifying the underlying evidence.
The strongest maintenance case is usually one based on specific facts + documents + financial comparison + credible explanation.
36. Frequently Asked Questions
Can my husband simply say that his business earns only ₹20,000 per month?
He can make that statement, but the wife can challenge it with relevant evidence concerning the business, assets, expenditure, bank transactions, previous income and other financial circumstances.
Can I ask Family Court, Indore to direct my husband to disclose his business income?
Yes, the wife can seek appropriate directions for financial disclosure and production/clarification of relevant records, particularly where the existing disclosure appears incomplete or inconsistent.
Can GST turnover prove my husband’s personal income?
Not by itself. Turnover is not automatically personal income. It can, however, be relevant evidence regarding the scale of business activity and may justify further examination of profit, withdrawals, remuneration and other financial benefits.
What if the business is in his father’s name?
The wife must establish the husband’s actual connection with or benefit from the business. Nominal ownership and actual operation may need to be distinguished.
What if my husband has transferred the business to his brother?
The transfer should be examined on the basis of evidence, timing and actual business operations. The wife should place the relevant facts before the Court rather than relying merely on suspicion.
Can I rely on my husband’s lifestyle?
Yes, lifestyle can be supporting evidence, but it is better used together with documentary and financial evidence.
Can my husband hide behind his Income Tax Return?
An ITR is relevant, but the Court can consider the broader financial circumstances. The wife should identify concrete evidence showing why the disclosed taxable income does not adequately reflect the husband’s financial capacity.
Can I seek interim maintenance while the income dispute is being decided?
Yes. The wife should make an appropriate claim for interim maintenance and place the available financial evidence before the Court.
What if my husband refuses to produce documents?
The wife should bring the non-disclosure to the Court’s attention and seek appropriate directions/consequences according to the procedural circumstances of the case.
Can maintenance be granted from the date of application?
Section 144 BNSS permits the Court, where it so directs, to make maintenance/interim maintenance payable from the date of application.
37. Conclusion
If a husband is running a business and deliberately understating or concealing his income in a maintenance proceeding before Family Court, Indore, the wife should not treat his self-declared income as the end of the matter.
The correct approach is to build an evidence-based financial case.
The wife should:
- identify all known businesses of the husband;
- establish his connection with those businesses;
- scrutinize his affidavit of assets, income, expenditure and liabilities;
- identify contradictions and omissions;
- collect lawful documentary evidence;
- seek appropriate disclosure and production of relevant records;
- place evidence regarding assets, lifestyle and previous income before the Court;
- seek appropriate interim maintenance;
- challenge material inconsistencies in the husband’s financial statements; and
- ask the Court to assess the husband’s real financial capacity, rather than relying mechanically upon an unsupported income figure.
The Supreme Court’s financial-disclosure jurisprudence under Rajnesh v. Neha is particularly important in this context, and the Supreme Court continues to apply that framework in maintenance litigation.
Most importantly, the wife should remember that the burden is not discharged merely by alleging that the husband is hiding income. A strong case is built by showing what he has concealed, how the wife knows about it, what documents can verify it, and why the information is relevant to determining maintenance.
For a maintenance proceeding in Family Court, Indore, that evidence-based approach can be far more effective than simply asking the Court to believe that the husband is earning more than he admits.
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