Questions concerning a spouse's assets and income frequently arise in maintenance proceedings. The Delhi High Court has considered the distinction between ownership of assets and actual income available to meet living expenses.
Asset is not automatically income
The existence of an asset does not necessarily mean that the asset itself constitutes recurring income. A court considering maintenance may have to distinguish between ownership of property, capital assets, gifts or stridhan, and actual earnings or income generated from those assets.
Maintenance remains fact-specific
The financial position of both parties, actual income, assets, liabilities, lifestyle and the circumstances of the marriage may be relevant. Therefore, the decision should not be understood as laying down that every asset of a spouse is irrelevant in every maintenance proceeding.
Practical point
Parties should make complete and accurate financial disclosures. Whether a particular asset or return from an asset affects maintenance will depend upon the evidence and the applicable law.
This article is provided for general legal awareness and should not be treated as legal advice for a particular case. The law and authorities should be checked for the date and facts of the individual matter.