Updated: June 22, 2022 11:31:39 am
The Bombay High Court recently said that it was a well-known fact that today’s youth have a habit to project a glossy picture through social media posts, this may not be always true to prove that “handsome” amounts are earned by them.
Observing this, a single-judge bench of Justice Bharati H Dangre refused to interfere in a family court order which had directed a father to pay Rs 25, 000 as maintenance to his daughter.
Justice Dangre passed an order on June 16 in a petition filed by the father against the Family Court order, and advocates Anand Mishra and Ashok M Saraogi argued the case.
The bench noted that there was marital discord between the petitioner and his wife, who have a son and a daughter, both the children were majors.
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The respondent wife had filed an application before the Family Court under Section 24 of the Hindu Marriage Act for maintenance and by an order passed in September, 2018, her plea was allowed. The family court had directed her husband to pay Rs. 25, 000 per month towards maintenance of his daughter till final disposal of the main marital dispute plea.
Being aggrieved, the petitioner, in 2018 had approached the HC with a writ plea, which he withdrew in 2021, as he was granted liberty to file an application before family court seeking modification of its order based on “subsequent developments.”
The Family court judge had noted in the order that as per law, even when a daughter attains majority, she is entitled for maintenance from her father till her marriage and as per the Hindu Marriage Act, there is no embargo on such a maintenance paid by father in favour of his daughter.
The father also sought modification of the order stating that the daughter earns a handsome income for her modelling career on her own.
Justice Dangre noted, “After considering the evidence placed on record, the printed copies of the photographs posted by his daughter in the social media like Instagram and her Instagram biography, where she has claimed that she earns an income of Rs 72 lakhs to Rs 80 lakhs, the family court Judge, in my considered opinion, has rightly recorded that the photographs of Instagram and her Instagram biography is not sufficient to hold that she has independent and sufficient income.”
“It is a well known fact that it is the habit of the youth of today to project a glossy picture and post the same in social media though its contents may not always be true,” she added.
Justice Dangre said that since the father’s contention about his daughter’s earnings is merely based on her photographs posted on Instagram and her Instagram bio, the family court judge “rightly disbelieved the same in absence of any independent evidence to show her earnings.”
The High Court held, “Considering the earnings of the petitioner and his responsibility to maintain his daughter, who was found to be without any source of income and, particularly, when she is prosecuting her career at certain Academy, which warranted huge fees to be incurred, the modification application was considered by the family judge and had rejected the same. I do not see any illegality or perversity, in the impugned order and upholding the same, the writ petition is rejected.”
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