"No man is ever as anti-feminist as a really feminine woman": A bench of Justices DY Chandrachud and Hima Kohli noted that income tax returns do not necessarily furnish an accurate guide of the real income of parties in matrimonial disputes: Supreme Court

The Supreme Court on Tuesday reiterated that income tax returns (ITR) do not reflect the actual income of a party and cannot be an accurate guide to determine the income of parties in matrimonial cases [Kiran Tomar and ors vs State of Uttar Pradesh].
A bench of Justices DY Chandrachud and Hima Kohli noted that during matrimonial disputes, parties tend to underestimate incomes and, therefore, family courts have to carry out a holistic assessment to determine the real income.
"It is well-settled that income tax returns do not necessarily furnish an accurate guide of the real income. Particularly, when parties are engaged in a matrimonial conflict, there is a tendency to underestimate income. Hence, it is for the Family Court to determine on a holistic assessment of the evidence what would be the real income of the second respondent so as to enable the appellants to live in a condition commensurate with the status to which they were accustomed during the time when they were staying together," the Court said.
A family court had in March this year ordered a husband, the second respondent in the instant case, to pay ₹20,000 per month to his wife and ₹15,000 each to their daughters as maintenance.
The sum was based on a finding that his monthly income was ₹2 lakh.
On a revision petition filed by the husband, the Allahabad High Court noted that his monthly income as per his ITR was ₹37,500.
It, therefore, held that the family court had not indicated how it arrived at the sum of ₹2 lakh per month and set aside that ruling.
This verdict of the High Court came to be assailed before the Supreme Court.
The top court said that the High Court was not justified in setting aside the family court.
It opined that the High Court did not appreciate the reasons that weighed with the family court, which included the fact that the husband had, in his ITR, not included the income from the business he was running with his father.
The High Court ought to have been aware of the parameters of its revisional jurisdiction, the Supreme Court said.
It added that the children's needs have to be duly met.
The bench also noted that the husband had failed to comply with an earlier interim order passed by it in which the top court had directed him to pay the arrears of maintenance.
"Ordinarily, we would have been inclined to pass a coercive order against the second respondent, but, in order to furnish a further opportunity to him to comply, we are passing a conditional order," the Court said.
The Court remanded the matter back to the High Court for fresh consideration but made it clear that arrears have to be paid by the end of this year, failing which the husband's revision plea before the High Court will stand dismissed.
Further, regular maintenance will also have to be paid during the course of proceedings before the High Court, the bench directed.
Senior Advocate Ravi Prakash Mehrotra appeared for the appellants. Senior Advocate Priya Hingorani appeared for the husband.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
| ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- "A verbal contract isn't worth the paper it's written on": Google moves Supreme Court against National Company Law Appellate Tribunal (NCLAT) order upholding CCI's ₹1,337 crore penalty for abuse of dominant position within the Android ecosystem
- “Words have no wings but they can fly a thousand miles“: Justice Ajay Rastogi - "If You decide against the Govt, You will be labeled as an independent judge, if you make a comment against the Govt, everyone including media is happy; this should change"
- "Devotional songs of a Christian Yesudas rendered on Hindu Gods without any demur in temples": Madras High Court plays nosy-parker with Hindu faith stating that non-Hindus cannot be prevented entry into temple if he has faith in that Hindu deity
- "We must distinguish between speaking to deceive and being silent to be reserved": After Delhi and Allahabad, Madhya Pradesh High Court also admitted PIL challenging the constitutional validity of the Waqf Act, enacted by Congress Govt in 1995
- "अब आयो ऊंट पहाड़ नीचे": A Bareilly court convicts Mohammed Alim for Love Jihad, tricking a woman into conversion and abortion, giving him life in prison, penalizing his father, and warning of conversion threats like in Pakistan and Bangladesh
- "हम साथ साथ हैं": A mountain of cash found in Justice Yashwant Varma’s home led to the Supreme Court’s bold punishment—a transfer—because in India’s judiciary, crime sometimes just means changing the nameplate, not facing the law
- "अंधा कानून": Rajasthan High Court overturns a decades-old rape conviction, ruling that removing a minor’s innerwear and undressing oneself does not constitute an 'attempt to rape,' but rather 'outraging the modesty of a woman' under Section 354 IPC
- Supreme Court halts Jahangirpuri demolition of illegal encroachments of rioters by NDMC on priority by keeping aside 70,632 pending cases: PIL filed by Jamiat Ulama-I-Hind, Advocate Dushyant Dave, and Kapil Sibal
- Plea of MP Navneet Rana and husband MLA Ravi Rana to quash FIR for the gruesome and heinous crime of reciting Hanuman Chalisa outside Matoshree dismissed by Bombay HC: Justices stated that it was devoid of merit
- "There is difference between blasphemy and expressing religious opinions based on one’s knowledge of the subject": Historic decision by Madras High Court from 2019
- "Get your facts first, then you can distort them as you please": SC grants bail to life convict Farooq who pelted stone at burning Godhra Train in 2002 & prevented Hindus inside train from escaping from fire, CJI Chandrachud ~ "It has been 17 long years"
- "Ram Lalla Virajman": Meet K Parasaran, the 'Pitamah' of Indian laws, whose dedication to the Ram Janmabhoomi case was a profound dream, his unparalleled devotion saw him argue for hours barefoot, symbolizing his deep faith and commitment to justice
- "वक्र तुंड महाकाय, सूर्य कोटि समप्रभ:, निर्विघ्नं कुरु मे देव शुभ कार्येषु सर्वदा": Karnataka HC countered nefarious agendas of Islamo-leftist lobby and upheld decision of allowing Ganesh Chaturthi celebrations at Hubballi Idgah maidan, गणपति बप्पा मोरया
- In a major development, Mathura court allowed a plea to remove the disputed structure of the Shahi Idgah Mosque near Krishna Janmabhoomi for hearing: suit filed in the name of "Bhagwan Sri Krishna Virajman"
- "He deserves to be thrown out": Supreme Court upholds dismissal of Lieutenant Samuel Kamalesan after he refused to enter a Gurudwara during a regimental parade, stressing discipline and leadership in the Indian Army for unity rising
















