Delhi High Court Rules Against Presuming Wife’s Income in Interim Maintenance Cases

Delhi High Court Clarifies Principles on Interim Maintenance for Wives

The Delhi High Court has reaffirmed that a wife cannot be assumed to be earning or financially self-sufficient while deciding interim maintenance. The court underlined that vague or unsupported claims about a spouse’s income carry no evidentiary value at the preliminary stage and must be backed by proper documentation before they can influence maintenance decisions.

Court’s Stand on Presumed Income

The ruling was delivered by Justice Swarna Kanta Sharma while hearing a petition filed by a woman seeking enhancement of interim maintenance. The family court had earlier fixed maintenance at ₹2,500 per month, based partly on the husband’s claim that the wife was employed as a nursery teacher. The High Court rejected this contention, describing it as a mere assertion unsupported by proof. It also took note of the fact that the woman’s education extended only up to Class 11, making the claim of stable employment questionable without evidence.

Legal Background and Family Court Proceedings

The interim maintenance was granted in March 2024 under Section 125 CrPC , a provision meant to prevent destitution of wives, children, and parents. The couple had married in June 2021 according to Muslim customs. The wife alleged that she was subjected to cruelty over dowry demands and was compelled to leave the matrimonial home in 2022, after which she was left without any independent source of income.

Scrutiny of the Husband’s Income Claims

Seeking a higher maintenance amount, the wife stated that her husband was a graduate employed as a teacher in a private school, earning about ₹25,000 per month, along with additional income from private tuition, a grocery business, and rental property. The husband, however, claimed that he worked as a special educator with an NGO and earned only ₹10,000 per month. The court found this explanation unreliable, observing that the stated income was even below the prescribed minimum wages for a skilled graduate worker. The husband’s failure to submit complete bank statements further weakened his claim.

Important Facts for Exams

• Section 125 CrPC provides maintenance to wives, children, and parents.

• Interim maintenance is awarded during the pendency of final proceedings.

• Courts may rely on minimum wages to assess income when documentary proof is absent.

• Unsupported or “bald” claims of income are not accepted at the interim stage.

Enhancement of Maintenance and Court Directions

Using the minimum wages applicable in Uttar Pradesh for a skilled graduate worker—around ₹13,200 per month—as a reference point, the High Court enhanced the interim maintenance to ₹3,500 per month. The court also directed the husband to clear the arrears within three months, holding that the earlier amount did not adequately reflect the parties’ status or the wife’s financial vulnerability.