Delhi HC Enhances Interim Maintenance, Rejects Presumption of Wife's Income
Delhi HC rules wife's income cannot be presumed without proof in interim maintenance cases, enhances amount to Rs 3,500.
In a significant ruling, the Delhi High Court has held that a wife cannot be presumed to be earning or capable of maintaining herself at the stage of granting interim maintenance. The court made the observation while hearing a woman’s plea challenging a family court order that had awarded her Rs 2,500 per month as interim maintenance.
The High Court rejected the husband’s claim that the woman was working as a nursery teacher and earning a salary, noting that no documentary evidence had been produced to support the assertion. The court observed that the wife had studied only up to the 11th standard and termed the husband’s claim a “bald assertion” that could not be relied upon at this stage.
Reiterating its position, the court stated that mere allegations of employment without prima facie proof cannot be used to deny or limit interim maintenance. It clarified that for the purpose of interim relief, the financial vulnerability of the wife must be assessed without assumptions regarding her earning capacity.
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The family court had granted interim maintenance in March 2024 under Section 125 of the Code of Criminal Procedure. The couple, married in June 2021 as per Muslim rites, separated in 2022 after the wife alleged cruelty and dowry harassment, following which she was allegedly forced to leave the matrimonial home.
Seeking enhancement, the wife contended that her husband was a graduate earning significantly more through a private school teaching job, tuition classes, a grocery shop, and rental income. She argued that Rs 2,500 per month was grossly insufficient to meet her basic needs.
The husband, however, claimed he earned only Rs 10,000 per month while working with an NGO. The court noted that this figure was lower than the prescribed minimum wages for a skilled worker and found inconsistencies in the limited bank statements submitted by him.
Taking minimum wages as the benchmark, the court assessed the husband’s income at Rs 13,200 per month, applicable to a graduate/skilled worker in Uttar Pradesh. Considering the husband’s income, the parties’ status, and the wife’s lack of independent earnings, the court enhanced the interim maintenance to Rs 3,500 per month, holding that the earlier amount was inadequate.
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