Recently, Mumbai Court has issued an order for a man to provide interim maintenance to his separated wife, despite his assertions of lacking any income.

The husband had challenged the initial verdict rendered by a magistrate court through an appeal; however, his appeal was rejected, thereby affirming the original ruling.

Additional Sessions Judge NP Tribhuwan upheld the Magistrate court’s decision. Judge Tribhuwan stated that the Magistrate court had appropriately considered both the legal and factual aspects of the case, demonstrating sound judgment in approving the wife’s application. Consequently, the husband’s appeal was dismissed.

The appellate judgment was issued by the Mazgaon Magistrate court, which upheld the direction for the husband to provide interim maintenance to his wife. The court's decision was based on the husband's physical capability despite his claims of having no income.

Despite the absence of substantial evidence to substantiate the husband's assertions of being without income, the court took into account his physical capacity to earn as a crucial aspect.

The wife had presented specific social media posts displaying the husband's visiting card and other content implying his engagement in some form of work. Conversely, the husband's position was that he had never held a steady job during their marriage and afterward.

Following a meticulous review of the evidence, the Magistrate reached the determination that while the documents presented might not definitively establish the husband's income, his capability to generate income should not be disregarded.