Delhi High Court rules that a wife cannot be presumed to be earning at the interim maintenance stage without proof. Court enhances maintenance to ₹3,500 per month under Section 125 CrPC.
Delhi HC Enhances Interim Maintenance, Rejects Husband’s Unsubstantiated Income Claims
The Delhi High Court has clarified that a wife cannot be presumed to be earning or capable of maintaining herself at the stage of granting interim maintenance, unless there is credible documentary proof to support such a claim.
Justice Swarna Kanta Sharma made this observation while hearing a woman’s petition challenging a Family Court order that had granted her ₹2,500 per month as interim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
No Proof, No Presumption: Court’s Key Observation
The husband argued that his wife was working as a nursery teacher and earning an income. However, the court noted that no documentary evidence was produced to substantiate this claim. The High Court also took into account that the woman had studied only up to Class 11, rejecting the husband’s claim as a “bald assertion”.
“For the purposes of grant of interim maintenance, the petitioner-wife cannot be presumed to be earning or being capable of maintaining herself,” the court observed in its judgment dated January 5.
The court further emphasized that mere allegations without prima facie proof are insufficient at the interim stage.
Background of the Case
The couple got married in June 2021 according to Muslim rites and ceremonies. The wife alleged that she was subjected to cruelty and dowry harassment soon after marriage and was eventually forced out of the matrimonial home in 2022.
She approached the Family Court seeking maintenance, which granted her ₹2,500 per month in March 2024.
Wife Sought Enhancement, Citing Husband’s Higher Income
Challenging the amount as inadequate, the wife sought enhancement of interim maintenance, claiming that her husband:
- Was a graduate
- Worked as a private school teacher earning around ₹25,000 per month
- Earned an additional ₹15,000 per month from private tuition
- Ran a grocery shop
- Earned about ₹30,000 per month as rental income
- She argued that ₹2,500 per month was insufficient to meet basic living expenses.
Husband’s Income Claim Rejected by Court
The husband countered these claims, stating that he worked as a teacher/special educator with an NGO and earned only ₹10,000 per month.
However, the High Court found this claim unconvincing, noting that:
- The stated income was below the minimum wages applicable to a skilled graduate
- The husband failed to submit complete bank statements
- The limited bank records provided did not reflect a consistent salary credit of ₹10,000
Maintenance Enhanced Based on Minimum Wages
Observing that the husband was residing and working in Uttar Pradesh, the court applied the minimum wage standard applicable at the relevant time.
The minimum wages for a graduate/skilled worker in Uttar Pradesh were approximately ₹13,200 per month, the court noted.
Considering the husband’s assessed income, the wife’s lack of independent earnings, and the parties’ social status, the court held that the Family Court’s award was on the lower side.
Final Order of the Delhi High Court
- Interim maintenance enhanced from ₹2,500 to ₹3,500 per month
- Husband directed to clear arrears within three months
The court reiterated that interim maintenance is meant to prevent destitution, and unjustified assumptions about a wife’s earning capacity cannot be used to deny her rightful support.
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