How to Prove Wife’s Income in a Maintenance Case in India: Salary, Bank Records, ITR, Employment and Business Income

Can a husband prove that his wife is earning while she claims maintenance? Yes—but the law requires evidence, not assumptions.

One of the most misunderstood issues in Indian maintenance litigation is the financial position of the wife.

A husband may know that his wife was employed, may have seen her professional profile, may know that she has a business, or may have noticed regular financial transactions. But knowing something personally and proving it before a court are two very different things.

The Legal Question in Proving a Wife’s Income

The legal question is therefore not simply:

“Is my wife educated enough to earn?”

The more important question is:

“What reliable evidence shows her actual income, employment, assets or other financial resources?”

This distinction is critical.

The Supreme Court has repeatedly recognised that earning capacity is not the same as actual earning. In Shailja & Anr. v. Khobbanna, (2018) 12 SCC 199, the Court made it clear that merely showing that a wife is capable of earning is not, by itself, sufficient to reduce maintenance.

At the same time, where there is credible evidence of actual employment, salary, business income, investments, rental income or material non-disclosure, the financial picture can be very different.

This article explains how to prove a wife’s income in a maintenance case, what documents may matter, what a husband can legitimately ask the court to produce, and what mistakes should be avoided.

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Earning Capacity Is Not the Same as Actual Income

This is the first principle a husband must understand before preparing a maintenance defence.

A woman may be:

• highly educated;
• an MBA;
• a doctor;
• a lawyer;
• a teacher;
• a chartered accountant;
• technically qualified; or
• professionally employable.

But a qualification does not automatically establish a particular monthly income.

In Shailja v. Khobbanna, the Supreme Court expressly distinguished between the capacity to earn and actual earning.

That principle remains important in 2026.

The Delhi High Court’s 2026 decision in Rakesh Ray v. Priti Ray also examined this distinction and emphasised that a wife’s ability to work cannot simply be converted into an assumed income. The Court considered the actual evidence relating to income and the surrounding circumstances rather than treating employability as proof of earnings.

The Practical Rule for a Maintenance Defence

This gives us an important practical rule:

Do not build a maintenance defence on the statement, “She can earn.” Build it, where the evidence permits, on the statement, “Here is evidence showing what she actually earns or what financial resources she has.”

That is a much stronger legal position.

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What Evidence Can Prove a Wife’s Income in a Maintenance Case?

The strength of a maintenance defence often depends less on allegations and more on the quality and connection of the documents.

A useful way to approach the evidence is to build a financial trail.

1. Employment and Salary Records

Where legally obtainable or produced through appropriate court directions, relevant records may include:

• appointment letters;
• employment contracts;
• salary slips;
• salary certificates;
• employer correspondence;
• employment-related records;
• PF or other employment records where legally relevant and obtainable;
• evidence of recent employment;
• resignation or termination records.

A salary slip can establish a particular month’s earnings.

But a series of salary slips can establish a pattern.

That distinction matters.

2. Bank Statements and Salary Credits

Bank records can sometimes provide a much clearer picture than oral allegations.

Relevant entries may include:

• recurring salary credits;
• payments from an identifiable employer;
• professional fees;
• business receipts;
• rental receipts;
• investment-related income;
• interest credits;
• regular transfers from clients;
• unexplained recurring credits.

Important Caution About Bank Credits

However, caution is essential.

A bank entry is not automatically proof of income.

A credit could represent:

• reimbursement;
• a loan;
• reversal of an earlier transaction;
• transfer from a family member;
• sale proceeds;
• a temporary transaction; or
• genuine income.

Therefore, the proper legal approach is to examine the nature, frequency, source and surrounding circumstances of the transaction.

One isolated bank credit may mean very little.

A recurring pattern supported by employer records, invoices or tax documents may mean considerably more.

3. ITRs, Form 16 and Tax Records

Income-tax records can be particularly valuable because they may provide an independent financial trail.

Depending on the facts, relevant records may include:

• Income Tax Returns;
• Form 16;
• TDS-related records;
• disclosed professional income;
• business income;
• rental income;
• interest income;
• capital or investment-related disclosures;
• other financial information disclosed to tax authorities.

But again, one must be precise.

An ITR showing income for an earlier financial year does not automatically establish the same income today.

Likewise, the absence of taxable salary in an ITR does not necessarily prove that a person has no financial resources.

The court must examine the complete circumstances.

4. Business and Professional Income

Not every earning spouse receives a monthly salary.

A person may earn through:

• consultancy;
• freelancing;
• professional practice;
• online business;
• tuition;
• coaching;
• commissions;
• agency work;
• independent contracting;
• trading or other legitimate commercial activity.

In such cases, evidence may include:

• invoices;
• professional websites;
• business listings;
• client communications;
• payment records;
• business advertisements;
• GST-related information where relevant;
• bank transactions;
• contracts;
• publicly available business information.

The objective is not to label every transaction as income.

The objective is to establish a credible financial pattern.

5. Rental, Interest and Investment Income Also Matter

Income does not necessarily arrive in the form of a salary.

A spouse may have:

• rental income;
• fixed-deposit interest;
• savings interest;
• dividends;
• investment returns;
• pension;
• other independent financial resources.

Therefore, when examining a maintenance claim, the relevant question is broader than:

“Does she have a job?”

The better question is:

“What independent financial resources are actually available to her?”

This broader approach is consistent with the financial-disclosure framework laid down by the Supreme Court.

6. Previous Employment: Important, But Not Conclusive

Suppose a wife worked for several years but left employment shortly before maintenance proceedings.

That fact may be relevant.

But the husband should not make the mistake of saying:

“She worked three years ago; therefore, she earns the same amount today.”

That is an assumption.

Previous employment may instead justify further inquiry where there are circumstances such as:

• a recent resignation;
• unexplained cessation of employment;
• continuing professional activity;
• continuing business activity;
• recent salary credits;
• contradictory financial disclosures.

The important issue is not simply that she once worked.

The issue is whether the evidence supports an inference that her present financial position has not been fully disclosed.

7. LinkedIn, Social Media and Digital Evidence: Useful Lead, Not Magic Evidence

This is where many litigants make mistakes.

A LinkedIn profile stating that a person works for a particular company may be useful.

A company website mentioning her name may also be relevant.

A professional Instagram page may show an ongoing business.

An online advertisement may indicate commercial activity.

But a screenshot by itself may not establish:

• current employment;
• actual salary;
• actual income;
• continuity of employment; or
• the precise financial benefit received.

Therefore, digital material should generally be treated as a lead or corroborative evidence and then connected with stronger material wherever possible.

Electronic evidence must also be handled in accordance with the applicable law, including the requirements of the Bharatiya Sakshya Adhiniyam, 2023, where applicable.

Rajnesh v. Neha: The Most Important Financial Disclosure Framework

For anyone involved in a maintenance case, Rajnesh v. Neha, (2021) 2 SCC 324, is essential reading.

The Supreme Court recognised the recurring problem in maintenance litigation:

One spouse may not possess complete information about the income and assets of the other spouse.

To address this problem, the Supreme Court prescribed an Affidavit of Disclosure of Assets and Liabilities for maintenance proceedings.

The disclosure framework requires relevant information concerning matters such as:

• income;
• employment;
• assets;
• liabilities;
• bank accounts;
• expenditure;
• investments;
• property; and
• other financial circumstances.

The Supreme Court also recognised mechanisms for seeking further information and production of relevant documents where disclosure is disputed.

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How This Changes a Husband’s Approach to the Case

This changes the way a husband should approach the case.

Instead of merely saying:

“My wife is hiding her income.”

A properly prepared case should identify:

• What has been disclosed;
• What evidence contradicts that disclosure
• What information is missing
• What relevant document should be produced before the Court.

That is evidence-based litigation.

What If the Husband Does Not Have the Wife’s Bank Statement or ITR?

This is one of the most important practical questions.

A husband should not unlawfully obtain another person’s banking, tax or private account credentials.

• Do not hack an email account.
• Do not guess passwords.
• Do not impersonate the spouse.
• Do not obtain private records through unlawful means.
• Do not manufacture screenshots.

Instead, where relevant and procedurally permissible, seek appropriate directions from the Court for disclosure or production of the relevant records.

The court process exists precisely because a litigant may not personally possess every document necessary to establish the financial position of the opposite party.

What If the Wife Says She Is Unemployed but Evidence Suggests Otherwise?

This is where the case must become specific.

Suppose the affidavit says:

“I am unemployed and have no independent income.”

But the husband has lawfully obtained material showing:

• recent employment;
• salary credits;
• professional payments;
• business activity;
• rental income;
• investment income; or
• other unexplained financial resources.

The correct response is not to make a sweeping allegation of fraud.

The better approach is to place the specific contradiction before the court and seek appropriate verification or production of the underlying records.

Think in Terms of a Financial Contradiction

Disclosure	Evidence	Question for the Court
“I am unemployed.”	Recent employer information	Was there recent employment?
“I have no income.”	Recurring professional credits	What was the source of the payments?
“I have no business.”	Business listings/invoices	Is there ongoing commercial activity?
“I have no other resources.”	Rental/investment evidence	What independent financial resources exist?
“Employment ended.”	Recent salary credits	When did employment actually end?

But remember:

A contradiction is a reason for examination—not automatic proof of wrongdoing.

That distinction makes a legally responsible case.

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When Concealment of Income Can Become Legally Significant

The Delhi High Court’s decision in Sahiba Sodhi v. State NCT of Delhi & Anr., 2025:DHC:11064, is important in understanding the consequences of material non-disclosure.

The case involved scrutiny of the wife’s financial disclosures and material concerning employment, bank transactions and other financial circumstances.

The broader lesson is straightforward:

A party seeking financial relief from the Court must make a meaningful and complete disclosure of relevant financial circumstances.

Where material financial information is deliberately concealed, the credibility of the financial disclosure can become a serious issue.

But this should not be converted into a simplistic proposition that any mistake or incomplete document automatically destroys a maintenance claim.

Courts examine the nature and significance of the non-disclosure and the surrounding circumstances.

Does an Earning Wife Automatically Lose Maintenance?

No.

This is one of the most important corrections that should be made to popular internet advice.

Suppose a wife earns ₹25,000 per month and the husband earns substantially more.

The wife’s income is certainly relevant.

But it does not automatically follow that she must receive zero maintenance.

Factors the Court May Consider

The Court may consider:

• the actual income of both parties;
• whether the wife’s income is sufficient for her reasonable needs;
• the standard of living during the marriage;
• accommodation;
• children and their expenses;
• liabilities;
• assets;
• dependent family members;
• earning capacity;
• overall financial circumstances.

The Supreme Court’s framework in Rajnesh v. Neha requires a realistic assessment rather than a mechanical formula.

The 2026 Delhi High Court judgement in Rakesh Ray v. Priti Ray is also instructive because it emphasised that the assessment cannot be reduced to the simplistic proposition that a wife who is capable of working should simply be treated as financially independent.

The law looks at actual financial circumstances.

2026 Case Law: What Courts Are Emphasising

1. Shailja v. Khobbanna — Supreme Court

Principle: Capacity to earn is different from actual earning.

A professional qualification or ability to work does not automatically establish sufficient independent income.

2. Rajnesh v. Neha — Supreme Court

Principle: Maintenance litigation requires meaningful financial disclosure.

The Affidavit of Disclosure of Assets and Liabilities is central to determining the financial position of the parties.

3. Rakesh Ray v. Priti Ray — Delhi High Court, 2026

Principle: The court must distinguish between the capacity to earn and actual earning and assess the financial circumstances on evidence.

The judgement also illustrates why maintenance proceedings should not be reduced to stereotypes about an “idle” or “earning” spouse.

4. Sahiba Sodhi v. State NCT of Delhi & Anr.—Delhi High Court

Principle: Material non-disclosure of financial circumstances can have serious consequences in a maintenance proceeding.

The case demonstrates the importance of examining employment history and financial records rather than relying solely on assertions made in pleadings.

5. Ashutosh Rai Asthana v. Yamita Rai Asthana — Delhi High Court, 2026

Principle: Maintenance cannot be determined by looking at one financial factor in isolation.

The Court considered the cumulative circumstances, including the parties’ financial position, the wife’s financial resources, accommodation, children and other relevant factors.

Which Laws May Apply to Maintenance in 2026?

The exact statutory route depends upon the nature of the proceeding.

Relevant provisions may include:

• Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023
  This is the principal provision corresponding to the former Section 125 CrPC framework for maintenance in new proceedings, subject to the applicable transitional provisions.
• Section 125 CrPC
  Older proceedings may continue to be governed by the previous statutory framework where the BNSS savings provisions apply.
• Section 24, Hindu Marriage Act, 1955
  The Court considers the income of the applicant as well as the respondent while determining interim maintenance and litigation expenses.
• Section 25, Hindu Marriage Act, 1955
  Income, property and other circumstances of the parties are relevant when permanent alimony is considered.
• Section 20, Protection of Women from Domestic Violence Act, 2005
  Monetary relief may include maintenance and is determined in accordance with the circumstances of the case.
• Section 18, Hindu Adoptions and Maintenance Act, 1956
  This provision governs the statutory right of a Hindu wife to claim maintenance, subject to the conditions of the Act.
• Bharatiya Sakshya Adhiniyam, 2023
  Relevant evidentiary principles may apply to the proof of financial facts and electronic material, depending upon the nature of the evidence and proceeding.

The precise provision applicable to a particular case must always be examined from the pleadings, date of institution, nature of proceedings and transitional provisions.

What Husbands Should Not Do

A weak maintenance defence often begins with an avoidable mistake.

Do not say:

“She has an MBA, so she must be earning ₹1 lakh a month.”

That is speculation.

Do not say:

“She is on LinkedIn; therefore, she has a job.”

That may be a lead, but it is not necessarily proof of present income.

Do not say:

“She worked five years ago; therefore, she earns today.”

Again, that is an assumption.

And never:

• unlawfully access private accounts;
• fabricate documents;
• manipulate screenshots;
• edit electronic conversations deceptively;
• conceal your own income;
• submit incomplete financial information;
• exaggerate your spouse’s income without evidence.

A husband asking the court to examine the wife’s financial disclosure must also be prepared to make full and accurate disclosure of his own financial position.

Maintenance litigation is not a one-way financial investigation.

The Strongest Evidence Is a Connected Chain

A sophisticated maintenance defence does not depend upon one sensational document.

It depends upon the connection between documents.

For example:

Stage	Evidence
1	Employment evidence
2	Salary/payment evidence
3	Bank transaction
4	Tax or financial record
5	Disclosure affidavit
6	Identified contradiction
7	Request for appropriate production/disclosure
8	Evidence before the Court

The strength lies in the connection.

A LinkedIn profile may raise a question.

A salary slip may answer it.

A bank statement may corroborate it.

An ITR may provide another independent financial trail.

An affidavit that contradicts all of those records may then require serious explanation.

That is the difference between an allegation and an evidentiary case.

A Practical 7-Step Strategy for a Husband Facing a Maintenance Claim

Step 1: Read the Financial Disclosure Carefully

Do not look only at the amount of income claimed.

Examine employment, assets, investments, rent, liabilities and other financial resources.

Step 2: Identify Specific Contradictions

Avoid general allegations.

Write down exactly what appears inconsistent.

Step 3: Preserve Lawfully Available Evidence

Keep copies of publicly available professional information, employment material and other legally obtained documents.

Step 4: Build a Chronology

When did employment begin?

When did it end?

When were payments received?

When was the maintenance case filed?

When was the financial affidavit submitted?

A chronology can reveal patterns that individual documents may not.

Step 5: Seek Appropriate Disclosure

Where relevant documents are not within your possession, ask the court for appropriate directions rather than attempting to obtain them unlawfully.

Step 6: Compare Both Parties’ Financial Positions

The court must have a realistic picture of both sides.

Step 7: Argue From Evidence, Not Emotion

The strongest submission is not:

“She is cheating the Court.”

It is:

“The affidavit states X. The available record shows Y. These two positions require examination, and the relevant underlying documents may be produced before the Court.”

That is how a serious lawyer presents a financial dispute.

A Veteran Lawyer’s Take

After years of seeing matrimonial disputes turn into battles of accusation and counter-accusation, one principle remains particularly important:

Maintenance litigation should be decided on financial reality, not matrimonial anger.

A husband who simply says, “My wife is educated and can work,” may have a point emotionally but a weak case evidentially.

A husband who says:

“Here is the employment record. Here are the relevant financial transactions. Here is the tax material. Here is the discrepancy in the disclosure affidavit. These are the documents that require production and verification.”

has moved the argument from suspicion to evidence.

But the same principle applies in reverse.

A wife who genuinely has no sufficient independent income should not be denied maintenance merely because she possesses a degree or once had a job.

The law must examine the real financial circumstances of both parties.

That is the balanced approach.

The objective of maintenance litigation should therefore not be to “defeat” a spouse.

It should be to ensure that the Court receives an accurate financial picture before deciding what, if anything, is legally payable.

Frequently Asked Questions

Can Maintenance Be Denied Merely Because the Wife Is Educated?

No. Education or professional qualification alone does not establish actual income sufficient to maintain herself.

How Can a Husband Prove His Wife’s Income in a Maintenance Case?

Depending on the facts, relevant evidence may include salary records, employment documents, bank transactions, ITRs, Form 16, business records, rental income, investment income and other legally obtainable or court-directed records.

Is a LinkedIn Profile Enough to Prove That a Wife Is Employed?

Usually, it should not be treated as conclusive by itself. It is better used as corroborative material and connected with reliable evidence of actual employment or income.

Can the Court Ask a Wife to Disclose Bank Statements and Income-Tax Records?

Where relevant and procedurally permissible, the Court can require appropriate financial disclosure or production of relevant documents. Rajnesh v. Neha provides an important framework for financial disclosure in maintenance proceedings.

Does a Working Wife Automatically Lose Maintenance?

No. Her actual income is relevant, but the Court may also consider whether that income is sufficient, the parties’ standard of living, assets, liabilities, children and the overall financial circumstances.

What Happens If a Spouse Conceals Income?

Material non-disclosure can affect the court’s assessment of the party’s financial position and credibility and may have consequences depending on the facts and applicable law.

Does an Old Salary Slip Prove Current Income?

Not necessarily. It may establish historical employment or income but must be connected with other evidence if the issue is present earnings.

Can a Husband Secretly Obtain His Wife’s Bank or Tax Records?

A litigant should not unlawfully access another person’s private accounts or credentials. Where relevant information is not in his possession, the proper course is to seek appropriate disclosure or production through the court.

Conclusion: Prove the Financial Reality, Not the Assumption

The most important lesson in how to prove a wife’s income in a maintenance case is surprisingly simple:

Do not try to prove that she can earn when the real issue is whether she is actually earning or has sufficient independent financial resources.

• A degree is not a salary.
• A LinkedIn profile is not a payslip.
• An old job is not necessarily present employment.
• And an allegation is not evidence.

But where employment records, financial transactions, tax documents, business activity, investments or other reliable material reveal a different financial picture, that evidence deserves to be placed before the Court through the proper legal process.

At the same time, the husband must be prepared for the same scrutiny of his own financial disclosure.

Ultimately, the Court should not decide maintenance on stereotypes—whether the stereotype is that every educated wife can support herself or that every husband who earns must pay whatever amount is claimed.

The better principle is more straightforward:

Maintenance should be determined from the real financial circumstances of the parties, established through credible evidence and examined through due process.

For this article, I recommend a CTA that is strong, professional and psychologically persuasive, while keeping the focus on evidence, financial disclosure and legal strategy.

Need Legal Help With a Maintenance Case?

Is your wife claiming that she has no income, while you believe she is employed, earning independently, running a business, receiving rental income or having other financial resources?

In a maintenance case, an allegation is not evidence. The real question is what can be legally established before the Court through employment records, salary documents, bank transactions, ITRs, business records, investments and proper financial disclosure.

How Legal Strategy Can Help

If you are facing a disputed maintenance claim, the right legal strategy can help you:

• Examine the financial disclosure of both parties
• Identify inconsistencies in income declarations
• Assess available employment and income evidence
• Seek appropriate disclosure or production of relevant documents
• Present the financial facts effectively before the Court
• Protect yourself from relying on assumptions or legally inadmissible material

Don’t Fight a Maintenance Case on Assumptions. Build Your Case on Evidence.

Adv. Tarun Choudhury
Supreme Court Advocate | 25+ Years of Legal Experience

📞 Call: 9650499965
💬 WhatsApp: 8851978611

If your maintenance case involves disputed income, alleged unemployment, concealed earnings or incomplete financial disclosure, seek professional legal advice before taking your next step.

The right evidence can change the way your case is understood.

Frequently Asked Questions

1. How Can a Husband Prove His Wife’s Income in a Maintenance Case in India?

A husband can seek to establish his wife’s actual income through relevant evidence such as salary slips, employment records, bank credits, ITRs, Form 16, business records, rental income and investment income.

If relevant documents are not in his possession, he may seek appropriate financial disclosure or production of documents through the Court, subject to the applicable procedure.

2. Can a Wife Claim Maintenance if She Is Employed or Earning an Independent Income?

Yes. Being employed does not automatically disqualify a wife from receiving maintenance.

The Court may consider her actual income, whether that income is sufficient for her reasonable needs, the husband’s income, the standard of living during the marriage, assets, liabilities, children and the overall financial circumstances of both parties.

3. Can a Husband Use Bank Statements, ITRs and Salary Records to Prove Wife’s Income in a Maintenance Case?

Yes, where such records are lawfully available or properly produced before the court.

Bank statements, ITRs, Form 16, salary slips and employment records may help establish actual income or other financial resources.

However, individual documents must be examined in context rather than assuming that every bank credit or old employment record represents current income.

4. Is an Educated Wife or a Wife With an MBA or Professional Qualification Automatically Denied Maintenance?

No. Educational qualification and earning capacity are not the same as actual income.

The Supreme Court has recognised the distinction between being capable of earning and actually earning.

A professional qualification alone generally cannot be treated as proof of a particular income without supporting evidence of actual financial resources.

5. What Happens if a Wife Hides Her Income or Gives Incomplete Financial Disclosure in a Maintenance Case?

If material financial information is deliberately concealed or inaccurately disclosed, it can affect the court’s assessment of the party’s income, financial circumstances and credibility.

Under the financial disclosure framework recognised in Rajnesh v. Neha, a party disputing the disclosure can seek appropriate further information or production of relevant documents through the court.

Key Takeaways

Key Point	What It Means
How to prove a wife’s income in a maintenance case	A husband should rely on credible evidence of actual income or financial resources, rather than merely claiming that his wife is educated or capable of earning.
Earning capacity is different from actual income.	A wife’s MBA, professional qualification, employment history or ability to work does not automatically establish that she is presently earning a particular amount. The Supreme Court has recognised this important distinction.
Salary and employment records can be important evidence.	Appointment letters, salary slips, employment records and other legally obtainable documents may help establish the wife’s current or recent employment and earnings.
Bank statements and financial transactions can reveal income.	Recurring salary credits, professional payments, rental receipts, investment income and other financial transactions may help the Court understand the wife’s actual financial position, provided they are lawfully obtained and properly proved.
ITRs and Form 16 may help establish declared income.	Income-tax returns, Form 16 and relevant tax records can provide valuable evidence of salary, professional, business, rental or other income. However, an old ITR does not automatically prove present income.
Business and professional income should not be overlooked.	A spouse may earn independently through consultancy, freelancing, professional practice, business, commissions or other activities without receiving a conventional monthly salary.
Rajnesh v. Neha is central to financial disclosure.	The Supreme Court’s financial-disclosure framework requires parties in maintenance proceedings to provide relevant information concerning their income, assets, liabilities and financial circumstances.
A husband does not need to unlawfully obtain private financial records.	If relevant bank statements, ITRs or employment records are not in his possession, he should seek appropriate disclosure or production of documents through the court, rather than accessing private accounts unlawfully.
Concealment of material income can affect a maintenance case.	Where credible evidence shows that material financial information has been deliberately withheld or inaccurately disclosed, it may affect the Court’s assessment of the party’s financial position and credibility.
An earning wife does not automatically lose maintenance.	The wife’s actual income is relevant, but the court may also consider whether it is sufficient, along with the parties’ standard of living, assets, liabilities, children and other financial circumstances.
Digital evidence should be corroborated.	LinkedIn profiles, company websites, social media posts and online business information may provide useful leads, but they should preferably be connected with stronger evidence of actual employment or income.
The strongest maintenance defence is evidence-based.	The most effective approach is to identify a specific financial contradiction, preserve lawful evidence, seek appropriate disclosure or production, and present the complete financial picture before the court.
Maintenance should be based on financial reality.	Indian maintenance law does not support a simplistic assumption that every educated wife can support herself or that every husband must pay whatever amount is claimed. Courts must examine the actual financial circumstances of both parties.

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