- (1.) This is an application filed by the husband in Matrimonial Suit No. 193 of 2014, pending before the Additional District Judge, Fast Track, 1st Court at Howrah, being aggrieved by an order dated April 30, 2018 passed in Misc. Case No. 57 of 2015. By the order impugned, the application filed by the opposite party/wife for maintenance pendente lite under Section 36 of the Special Marriage Act, 1954 was allowed. The petitioner/husband was directed to pay Rs.50,000/- per month as maintenance pendente lite with effect from the date of the said order and the same was to be paid within 10th day of each succeeding month till the disposal of the Mat Suit No. 193 of 2014. The petitioner was also directed to pay litigation cost of Rs.2 lakhs in two equal instalments, first of such instalments to be paid within May 10, 2018. The learned court below upon consideration of the evidence of the petitioner as also the income tax return came to a finding that the husband was running his own company under the name and style of ZENX Engineering Solutions Private Limited in New Delhi and was a Director of the Company which was asserted by the wife in her application but not categorically denied by the husband in the written objection. The court noted that although in the evidence, the petitioner deposed that he was earning salary from the company, he did not produce his salary slip or the bank statement to show the transmission of his salary from the said company.
(2.) The acknowledgement of his income tax return for the Assessment Year 2016-2017 was filed before the leaned court below which showed that he had a gross total income of Rs.9,42,447/-. The learned court below disbelieved the contention of the husband and drew an adverse inference as the bank statement and the salary slip was withheld by the husband, and the learned court held that the husband had suppressed his actual income. The learned court also held that although the business of running the company was not denied, the husband failed to produce the accounts of business to prove his income.
(3.) It is an admitted position that the wife, although qualified, was not employed and it is also an admitted position that the mother of the petitioner is a retired teacher who has her own income, as will be evident from the documents annexed to the supplementary affidavit filed before this Court as per earlier direction, which shows that both the petitioner and his mother are directors of the said company. The petitioner has 70% of the share in that company and his mother earned remuneration as a director thereof. There are no children and no dependents of the petitioner. The accounts and directors report of the Company filed by the petitioner before this Court as per direction as also the income tax assessment does not reflect that any amount is being deducted on account of loan or otherwise. The income tax assessment under Section 143 of the Income Tax Act shows gross income of the husband to be more than Rs.12,73,000/-.;