Husband Can Demand Wife's Job Records To Contest Maintenance Claim: Rajasthan High Court
Rajasthan High Court recently backed a husband’s right to access his wife’s employment records in a maintenance case. The court said that the husband could demand the wife’s job details, including income proof, to contest the maintenance claim, Live Law reports.
The court observed that under Section 94 BASS, a husband can seek his estranged wife’s employment records to oppose her maintenance claim, while noting a 2020 Supreme Court judgment. The judgment had held that either of the parties may seek production of relevant documents from the other party.
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The court thus allowed a man’s application under Section 94 BASS. Earlier, the Rajasthan High Court had rejected a petition filed by a wife seeking enhancement of maintenance from Rs. 8000 per month, on the ground that the husband was earning more than Rs 1.5 Lakes per month.
The court stated that the maintenance could not be claimed on a straight-jacket formula and that a fixed proportion of the husband’s income had to be awarded.
