MUMBAI: The Bombay High Court has set aside a Rs 10 lakh permanent alimony award against a husband after finding that the Pune Family Court had assessed his income through guesswork without supporting evidence.

A Division Bench of Justice Bharati Dangre and Justice Ashish Chavan was hearing the husband's challenge to the financial directions passed by the Family Court, Pune. The Family Court had dissolved the marriage in October 2025 and directed the husband to pay Rs 10 lakh as permanent alimony to his wife and Rs 10,000 per month as maintenance for their minor daughter.

The divorce case had originally been filed by the husband under the Hindu Marriage Act, 1955 on the ground of cruelty. The Family Court found the allegation of cruelty proved and granted divorce. The wife did not contest the divorce proceedings or challenge the decree dissolving the marriage.

The dispute before the High Court was therefore confined to the financial directions imposed upon the husband.

The Family Court had proceeded on the assumption that the husband must be earning around Rs 1 lakh per month because he was skilled and qualified and had earlier worked in Germany. However, the High Court found that no proper evidence on record established his actual present income or the wife's financial needs.

The High Court observed:

“We indicated to the learned counel for the appellant that, though we deem it appropriate to remand the matter back to the learned Judge, Family Court, Pune, for determination of the amount of permanent alimony as well as the amount of maintenance to be paid to the daughter, which would necessarily have to be commensurate with the earnings of the appellant and since the learned Judge has merely carried out a guess work without any evidence produced on record as to what is the earning of the husband and what is the need of the wife…”

The finding is significant because an alimony order creates a substantial financial liability, and the husband's earning capacity cannot simply be presumed from his qualifications, skills or past overseas employment. The actual financial position of both spouses has to be examined before fixing the amount.

The High Court said the Family Court should determine permanent alimony after considering the husband's earnings and the wife's actual needs. Both parties must be allowed to submit proper financial evidence to the court.

The Court further directed that the statements of assets and liabilities of both parties should be taken on record. The Court must then examine their earnings, requirements, and financial obligations before determining the appropriate amount of permanent alimony and child maintenance.

Accordingly, the Rs 10 lakh permanent alimony award was set aside, and the issue was sent back to the Family Court, Pune for fresh determination on evidence.

However, the High Court did not stop the child's maintenance. The husband was directed to continue paying Rs 10,000 per month for his minor daughter. The amount would remain subject to adjustment depending upon the Family Court's final determination.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• A husband’s income cannot be invented by the court just because he is educated, skilled or once worked abroad.
• Rs 10 lakh alimony was fixed without proof of actual earnings — the High Court specifically called it “guesswork.”
• Men cannot be treated like automatic financial providers without first examining their real income, assets and liabilities.
• Alimony must be evidence-based — the wife’s actual needs and the husband’s actual earning capacity must both be proved.
• Financial justice cannot run on assumptions — imposing lakhs on a husband without evidence turns matrimonial relief into punishment.