# In the matter of Apurva @ Apurvo Bhuvanbabu Mandal vs. Dolly & Ors.

> SC judgment dated 2024-12-10. Citation: TCN-2024-SC-00008. The appellant-husband challenged the order dated 12.09.2022 passed by the High Court of Gujarat at…

- **Court:** SC
- **Order date:** 10 Dec 2024
- **Citation:** TCN-2024-SC-00008
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/apurva-apurvo-bhuvanbabu-mandal-vs-dolly-ors-12848c3b

## Summary

### Background

The appellant-husband challenged the order dated 12.09.2022 passed by the High Court of Gujarat at Ahmedabad, which granted maintenance to the respondent-wife at Rs.1,00,000 per month and Rs.50,000 per month to each of the two children. The Family Court, Surat, had previously granted Rs.6,000 per month to the wife and Rs.3,000 per month to each child. The wife and children approached the High Court through a Revision Application, which was allowed, leading to the enhanced maintenance order. The High Court considered the appellant's business ownership and manager employment. The appellant failed to produce income-tax documents despite being an assessee, leading to an adverse inference. The High Court accepted the respondents' claim for enhanced maintenance, directing

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## Facts

The appellant, Apurva @ Apurvo Bhuvanbabu Mandal, challenged a High Court order that increased maintenance payments to his wife, Dolly & Ors. The High Court of Gujarat at Ahmedabad had ordered the appellant to pay Rs. 1,00,000 per month to his wife and Rs. 50,000 per month to each of his two children. This was a significant increase from the Family Court's original order of Rs. 6,000 per month for the wife and Rs. 3,000 per month for each child. The High Court's decision was based on the appellant's status as a businessman owning a diamond factory. The appellant failed to produce income-tax documents, leading the High Court to draw an adverse inference. The appellant claimed his income was exaggerated and that his wife was self-employed and did not require

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## Issues and analysis

### Issue 1: Whether the High Court erred in enhancing the maintenance amount without proper documentary …

**Ratio:** Courts must base maintenance decisions on credible evidence of the parties' financial

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**Reasoning:** The Supreme Court noted that the High Court lacked proper documentary evidence to assess

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**Interpretation:** This highlights the importance of presenting verifiable financial records in

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**Application:** The Supreme Court reduced the maintenance amount, indicating that the High

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## Parties

- **Judges:** SURYA…; UJJAL B…
- **Appellants:** APURVA @ APURVO…
- **Respondents:** Doll…
- **Other parties:** Modif…

## Timeline

- **2022-09-12 — High Court…**: High Court of Gujarat at Ahmedabad passed an order granting enhanced maintenance to the…
- **2022-11-07 — Supreme Court Interim…**: Supreme Court passed interim directions, including issuing a notice returnable on…

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