Delhi High Court ruled that a wife cannot be presumed to be earning while deciding interim maintenance without proof. Rejecting the husband’s unsupported claim, the court enhanced maintenance from Rs 2,500 to Rs 3,500 per month.
The Delhi High Court has clearly stated that a wife cannot be presumed to be earning or capable of maintaining herself while deciding interim maintenance, especially when there is no proof to support such a claim.
Justice Swarana Kanta Sharma made this important observation while hearing a woman’s plea challenging a family court order that granted her only Rs 2,500 per month as interim maintenance. The High Court found the amount to be too low and enhanced it to Rs 3,500 per month.
The judgment was passed on January 5 and focuses on fairness, evidence and basic dignity for women seeking temporary financial support during legal proceedings.
Husband failed to prove wife was earning
The husband had argued before the court that his wife was working as a nursery teacher and was therefore earning an income. However, he did not submit any documents or proof to support this claim.
The High Court strongly rejected this argument. It noted that the woman had studied only up to the 11th standard and said that the husband’s claim was only a ‘bald assertion’ without any evidence.
The court made it clear that such unsupported claims cannot be accepted while deciding interim maintenance. “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 said.
It added that mere claims, without even basic proof, are of no help to the husband at this stage of the case.
Background of the marriage and separation
The couple got married in June 2021 according to Muslim rites and ceremonies. The wife told the court that soon after marriage, she was subjected to cruelty in her matrimonial home due to dowry demands.
She claimed that the situation became so difficult that she was forced to leave the matrimonial home in 2022.
Following this, she filed a plea under Section 125 of the Code of Criminal Procedure, which deals with maintenance for wives, children and parents who are unable to maintain themselves.
In March 2024, the family court granted her interim maintenance of Rs 2,500 per month.
Wife sought higher maintenance citing husband’s income
Unhappy with the low amount, the woman approached the Delhi High Court seeking an enhancement. She argued that her husband was a graduate and worked as a teacher in a private school, earning around Rs 25,000 per month. She also claimed that he earned another Rs 15,000 per month by giving private tuition.
In addition, she alleged that he ran a grocery shop and earned rental income of about Rs 30,000 per month.
She told the court that Rs 2,500 per month was completely insufficient to meet even her basic needs.
Husband claimed low income but gave limited proof
The husband defended the family court’s order by saying that he worked as a teacher or special educator with a non-governmental organisation (NGO) and earned only Rs 10,000 per month.
However, the High Court found serious gaps in his claim. It noted that he did not file full bank statements and submitted records only for a limited period. More importantly, the statements did not clearly show any regular salary payment of Rs 10,000 per month.
Court applies minimum wage standard
The court also observed that even the claimed income of Rs 10,000 per month was lower than the minimum wages payable to a skilled worker, especially since the husband was a graduate.
It noted that the husband was living and working in Uttar Pradesh. At the relevant time, the minimum wages for a graduate or skilled worker in the state were about Rs 13,200 per month.
Based on this, the court said the husband’s income must be assessed at least at the level of minimum wages.
Maintenance amount enhanced
Taking all factors into account, the High Court enhanced the interim maintenance from Rs 2,500 to Rs 3,500 per month.
The court said the earlier amount was on the lower side, considering the husband’s assessed income, the status of the parties and the fact that the wife had no independent source of income. The court also directed the husband to clear the arrears of maintenance within three months.
The judgment sends a strong message that courts will not accept assumptions about a woman’s income without proof, especially at the interim stage when she may already be in a vulnerable position.
It reinforces the idea that interim maintenance is meant to provide immediate and fair support, not to punish or pressure one party.