The Madras High Court has dismissed a appeal filed by a husband challenging a maintenance order, after it was revealed that he had suppressed his actual monthly earnings. The Court held that there were no grounds to interfere with the Family Court’s decision, especially in light of the husband’s own admissions regarding his financial standing during cross-examination.

Counsel’s Argument: Admission of Undisclosed Wealth

Mr. Rahul Jagannathan, appearing for the respondents (the wife and daughter), vehemently opposed the husband’s plea for a reduction in maintenance. He contended that the petitioner-husband had approached the Court with unclean hands by deliberately underreporting his financial capacity in his pleadings.

Mr. Jagannathan’s primary submissions included:

• Suppression of Material Facts: The husband had failed to disclose his true income in his initial affidavit of assets and liabilities, seeking to minimize his financial obligation toward his family.
• Admission in Cross-Examination: Mr. Rahul Jagannathan highlighted that during the trial before the Family Court, the husband had been forced to admit under cross-examination that his actual monthly income was Rs 6,50,000.
• Standard of Living: Mr. Rahul Jagannathan argued that the wife and daughter are entitled to a lifestyle commensurate with the husband’s significant earnings, and the maintenance awarded by the lower court was just and reasonable given this newly admitted figure.

Court’s Directions: No Scope for Interference

The Hon’ble Court, after considering the submissions and perusing the depositions from the trial court, found the husband’s conduct to be a significant factor in the litigation. The Court noted that the integrity of maintenance proceedings relies on honest disclosure, which was found lacking in the petitioner’s case.

Key highlights of the Court’s findings:

• Credibility of the Petitioner: The Court observed that the husband’s admission of an income of Rs 6.5 lakh per month completely undermined his appeal for a downward revision of the maintenance amount.
• Sanctity of the Trial Court Order: The Bench held that the Family Court, Chennai, had rightly assessed the evidence and that the award of maintenance was well-supported by the husband’s financial reality.
• Dismissal of Appeal: Finding no illegality or perversity in the Impugned Order, the High Court declined to exercise its appellate jurisdiction to stay or reduce the payments.

Conclusion

The High Court emphasized that litigants who suppress their true income to evade their statutory duty to maintain their dependents cannot expect discretionary relief from the Court.

“When the petitioner himself has admitted to a monthly income of Rs 6,50,000/- during the course of cross-examination, his challenge to the maintenance quantum lacks both legal and factual merit. The order of the Family Court is well-reasoned and requires no interference.”

With the dismissal of the appeal, the husband remains liable to pay the maintenance as originally directed by the Family Court, Chennai.

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