Delhi High Court Raises Interim Maintenance To Rs 3,500; Rejects Husband’s Claim

The Delhi High Court has increased interim maintenance for a woman in a matrimonial dispute from Rs 2,500 to Rs 3,500 per month.

The court rejected the husband’s claim that his wife worked as a nursery teacher. It noted that he failed to submit any documentary evidence to support the allegation.

A single-judge Bench headed by Justice Swarana Kanta Sharma partly allowed the wife’s criminal revision petition. She had challenged the Shahdara Family Court’s order granting her Rs 2,500 per month under Section 125 of the Code of Criminal Procedure (CrPC).

Justice Sharma recorded that the wife stated she had no independent source of income. She had also studied only up to Class 11.

In contrast, the husband claimed that she was employed as a nursery teacher. However, the court found his claim unsubstantiated.

The order stated that a mere assertion of employment, without prima facie proof, cannot support the husband’s case. Therefore, the court held that it could not presume the wife to be earning or capable of maintaining herself for interim maintenance.

Meanwhile, the court examined the husband’s income. He claimed to earn Rs 10,000 per month. However, the court noted that this amount fell below the minimum wages applicable to a skilled graduate worker.

Additionally, the husband submitted bank statements for only a limited period. He also failed to disclose his complete financial records.

As a result, the High Court ruled that in cases of incomplete or evasive disclosure, courts may assess income based on minimum wages.

Since the husband lived and worked in Uttar Pradesh, the court applied the state’s minimum wage rates. It assessed his monthly income at approximately Rs 13,200.

Considering the assessed income, the parties’ status, and the wife’s lack of earnings, Justice Sharma found the Family Court’s award inadequate. Accordingly, the court enhanced interim maintenance to Rs 3,500 per month.

The enhanced amount will apply from the date of the original application. The husband must clear the arrears within three months.

Finally, the court clarified that these observations relate only to interim maintenance. They will not affect the merits of the pending trial.

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