
The Allahabad High Court set aside a Family Court order that denied maintenance to a wife solely on the assumption that she earned income by making YouTube reels.
The Court held that maintenance cannot be refused without a proper assessment of the actual income of both spouses. It noted that the Family Court treated the wife as self-employed without quantifying her earnings or comparing them with the husband’s salary from a Class III government post.
Relying on Rajnesh v Neha, the Court held that maintenance decisions must be based on verified financial records such as pay slips or income documents, not presumptions.
The matter was remitted to the Family Court for fresh consideration.
[Farha Naz v. State of U.P. & Anr.]
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