Delhi High Court Clarifies Interim Maintenance Assessment

The Delhi High Court has ruled that a wife cannot be presumed to be earning or capable of maintaining herself at the stage of granting interim maintenance. The judgement reinforces the principle that unsupported claims about a spouse’s income cannot be relied upon without documentary proof, especially during preliminary maintenance proceedings.

Court’s Observations on Presumed Income

The ruling was delivered by Justice Swarana Kanta Sharma of the Delhi High Court while hearing a woman’s plea challenging a family court order that granted her interim maintenance of ₹2,500 per month. The husband had claimed that his wife was working as a nursery teacher and earning, but failed to produce any documentary evidence to support the assertion. The court rejected what it termed a “bald assertion”, noting that the woman had studied only up to Class 11.

Legal Context and Family Court Order

The interim maintenance had been awarded in March 2024 under Section 125 of the Code of Criminal Procedure, which provides for maintenance of wives, children, and parents. The couple married in June 2021 under Muslim rites. The wife alleged that she faced cruelty over dowry demands and was forced to leave the matrimonial home in 2022, leaving her without an independent source of income.

Assessment of Husband’s Income

The wife sought enhancement of maintenance, stating that her husband was a graduate working as a teacher in a private school and earning around ₹25,000 per month, with additional income from private tuition, a grocery shop, and rental property. The husband countered that he worked with an NGO as a special educator and earned only ₹10,000 per month. The court found this claim inconsistent, observing that the amount was even lower than the applicable minimum wages for a skilled graduate worker and that the husband had failed to submit complete bank statements.

Imporatnt Facts for Exams

• Section 125 CrPC deals with maintenance of wives, children, and parents.
• Interim maintenance is granted pending final adjudication.
• Minimum wages can be used to assess income when proof is lacking.
• Courts do not accept unsupported claims of income at the interim stage.

Enhancement of Maintenance and Directions

Taking minimum wages in Uttar Pradesh for a skilled graduate worker at about ₹13,200 per month as the benchmark, the court enhanced the interim maintenance to ₹3,500 per month. It also directed the husband to clear arrears within three months, holding that the earlier amount was inadequate considering the parties’ status and the wife’s lack of independent income.