A single judge of Delhi High Court held that

From Paras 7 and 8,

7. Ms. Sunita Arora, learned counsel appearing on behalf of the respondent-wife vehemently opposed the present revision and submitted that the instant case has to be considered from a different perspective. According to her the revisionist-husband is not truthful in his disclosure in affidavit of income filed before the Family Court. She has drawn the attention of this court to various paragraphs to show that the revisionist claiming himself to be jobless is still incurring a monthly expenditure of about Rs.35,210/- per month. She also points out that the revisionist has shown his mother to be dependent on him, however, has not disclosed that she is already getting a pension of Rs.25,000/- per month. She further states that in column No.26, which relates to a number of the bank account, the revisionist has shown only one account of ICICI Bank whereas he is maintaining a different joint account in the State Bank of India, which has been admitted by him in his cross-examination. She also points out that the revisionist in his educational and professional qualification column has mentioned only graduation, whereas, in his cross-examination, he unequivocally admits that he has done one year diploma in Graphic Designing. She also submits that the revisionist is maintaining a motorcycle and a car and is living in a 3-BHK Flat.

8. From the material available on record, including the cross- examination, she points out that there are various credit entries in the account of her husband. He has also invested amount in mutual funds and he is getting regular dividends therefrom.

From Para 12,

12. Under the aforesaid circumstances, as noted above, it can be safely concluded that the petitioner was not truthful in disclosure of his correct income. His employment as a Driver with his own maternal uncle is also highly unreliable. The lifestyle, which the petitioner is maintaining, would clearly demonstrate that he is capable of earning sufficient money to run not only his livelihood but of his wife also. The respondent-wife while placing documents on record has clearly proved that the petitioner is capable of earning a handsome salary. The petitioner also admitted that he had been earning about Rs.30,000/- per month.

Citations: [2022:DHC:2655]

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