Maintenance--Informal Employment--Failure to Produce Employment Documents Under Section 125 CrPC Does Not Discredit Husband's Evidence of Income
Failure of a husband to furnish documents regarding informal employment does not by itself discredit his evidence as to income under Section 125 of the Code of Criminal Procedure. Non-examination of an employer is equally not a ground to disregard the evidence of an employee, as an employee in informal employment may not be in a position to compel the employer to appear as a witness. Where no contrary evidence dislodges the income stated in the statement of assets and liabilities, the Magistrate cannot arbitrarily shift the burden of proof upon the husband or assess income at a figure unsupported by evidence.
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