Maintenance 125 CrPC- Present or Past Income

Present income.

 @ Author,

When the suit was filed since then till Court asks for the same and or during arguments by way of Affidavit. 

Present income if considered then no husbands would like to earn handsomely when cases of maint. are pending before (several) courts. It is open knowledge of all lawyers when they pick up wife’s case to file multiple maint. suits and no lawyer will be happy to file just one maint. suit. Take national average to get convinced of this statement of mine. So the clarification of income if any to be given before Court should be based of the financial year the suit was filed till date the Court asks for the same and or at the time of arguments of the same which ever is earlier produced as material records of the court. It is the safest way to do it and not present income as advised by Adv. Archana which I disagree. 
Reasoning: A wife files a mint. case  in year 2008 and alleged your income to be 50K and by the time year 2011came your income comes down due to litigation / job changes and same year the Court asks for "income clarification of parties" then if you present a lower income then opposite side will cry loud. Same way suppose presently you are earning more and Court asks "income clarification' then you should refer to the year your wife filed the case and what was your income then just bze she wants a claim of that years present income not today's present income which no court can set (means guess). That is the right way to fight maint. Take flip view, wife at the time of leaving house was working and when she files maint. suit she claims to be on streets, will Court say no she is still working hence no maint. – NO just bze all that a wife says in Courts is taken as gospel truth ! Same way use brain to contest maint. cases filed by wife not your heart and few feminist lawyers advises herein.

@Praveen Kumar

Follow the tajobsindia A professional person Advise

And also to remember 

127.    Alteration in allowance. –CRPC,1973

 (1)      On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father of mother, as the case may be, the Magistrate may make such alteration in the allowance as he thinks fit:

 Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.

(2)      Where it appears to the Magistrate that, in consequence of any decision of a competent civil court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

(3)      Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-

(a)      The woman has, after the date of such divorce, remarried; cancel such order as from the date of her remarriage;

(b)      The woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order-

(i)       In the case where such sum was paid before such order, from the date on which such order was made,

(ii)      In any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;

(c)      The woman has obtained a divorce from her husband and that she had volun­tarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof

 (4)      At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under section