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.
The Delhi High Court held a husband cannot rely on wife’s inherited property or family gifts to oppose maintenance, stressing her earning capacity. It said, “stridhan or inherited property cannot be treated as income to defeat her claim.”
