Burden to prove income is on husband.

Burden to prove income is on husband. No evidence adduced to prove actual income or termination of service. Conduct of husband also did not support his claim. Therefore, order rejecting both the claim petitions was set aside directing to re-hear the petitions and decide in the light of observations. Further interim maintenance was granted to the wife till the decision by the Trial Court.

Case Law:
Chandana Guha Roy v. Goutam Guha Roy,

2004 (2) Civil LJ 579 at p. 580 (Cal)
AIR 2004 Cal 36.]


 Source of income-Consideration of.
While granting maintenance to the wife the separate income of the wife, if any, is also to be taken into account and such amount of maintenance is to be awarded to the wife which will ensure reasonable needs and requirements of wife or such moderate living which the Court in the given case considers necessary and proper.

Case Law:
Sukhpal Singh v. Shingar Kaur, AIR 1997 P&H 186