The Delhi High Court held that a wife cannot be presumed to be earning for interim maintenance without proof. Justice Swarana Kanta Sharma rejected the husband’s claim of nursery teacher employment, noting absence of documentary evidence supporting alleged income.
NEW DELHI: The Delhi High Court has reaffirmed that a wife cannot be assumed to be earning or capable of supporting herself when determining interim maintenance, unless there is credible evidence to substantiate such claims.
Justice Swarana Kanta Sharma made this remark while reviewing a woman’s appeal against a family court ruling that had awarded her interim maintenance of Rs 2,500 per month.
The husband argued that the petitioner was employed as a nursery teacher and earning an income; however, he failed to provide any documentary evidence to back his assertions.
The couple married in June 2021 according to Muslim traditions. The wife claimed that she faced cruelty related to dowry demands shortly after the marriage and was ultimately compelled to leave the marital home in 2022.
In March 2024, the family court had granted the woman interim maintenance of Rs 2,500 per month based on her application filed under Section 125 of the Code of Criminal Procedure, which pertains to maintenance for wives, children, and parents.
Seeking an increase in interim maintenance, she asserted that her husband, a graduate, worked as a teacher at a private school with an income of around Rs 25,000 per month, and also earned approximately Rs 15,000 monthly from private tuitions and about Rs 30,000 from rental income through a grocery shop. According to her, the maintenance awarded by the family court was very insufficient.
In contrast, the husband defended the family court’s ruling, asserting that he was employed as a teacher or special educator with an NGO and made only Rs 10,000 per month.
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The High Court found this assertion questionable, noting that this reported income was below the minimum wage for a skilled worker, especially given that the husband is a graduate.
The court also pointed out that he provided incomplete bank statements, covering only a limited timeframe, which did not show any consistent salary deposits of Rs 10,000 per month.
Given these factors, the court decided to evaluate the husband’s income based on minimum wage criteria.
The court observed,
“It is an admitted position that the respondent (husband) is residing and working in Uttar Pradesh. At the relevant time, the minimum wages applicable to a graduate/skilled worker in Uttar Pradesh were about Rs 13,200 per month,”
Highlighting the wife’s education level, which only reached Class 11, the court dismissed the husband’s claims, stating that unproven allegations cannot be taken at face value.
The court stated that,
“Accordingly, this Court is of the view that, for the purposes of grant of interim maintenance, the petitioner-wife cannot be presumed to be earning or being capable of maintaining herself,”
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The court also opined that,
“Mere bald assertion that the wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to the respondent-husband at this stage,”
The court raised the interim maintenance to Rs 3,500 per month.
The court stated,
“Considering the assessed income of the respondent, the status of the parties, and the fact that the petitioner-wife has no independent source of income, this Court is of the considered opinion that the interim maintenance awarded by the learned Family Court is on the lower side and requires enhancement.”
The court also instructed the husband to settle the maintenance arrears within three months.