Wife’s Earning Capacity Cannot Be Assumed For Interim Maintenance, Rules Delhi High Court

The Delhi High Court has ruled that the wife’s earning capacity cannot simply be presumed in maintenance cases. Justice Swarna Kanta Sharma, while hearing a revision petition filed by a housewife, emphasised that an educated, able-bodied man cannot escape his financial responsibilities by claiming that his wife is earning and that his own earnings are below the minimum wage. The court ordered an increase in the interim maintenance.

The ruling highlights the provision of financial security in the law, which provides financial security to the spouse through the maintenance clause. However, the challenge remains when the paying party (usually the husband) presents evasive or incomplete financial disclosures.

Case Background

The wife (the petitioner) and the husband (the respondent) were married in June 2021 in Uttar Pradesh. However, not long after, the wife alleged cruelty and physical assault related to dowry demands. The wife alleged that in June 2022, she was forcibly evicted from her matrimonial home. She said she was educated only up to the 11th standard and did not have any independent source of income.

Accordingly, she filed a petition seeking maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC), in the Family Court in Karkardooma, Delhi, according to a LiveLaw report. 

In March 2024, the court awarded her Rs 2,500 per month as interim maintenance, but she challenged the order in the Delhi High Court, saying the amount was insufficient for her basic needs.

Arguments

The petitioner argued that the respondent was a graduate and was working as a teacher. He has multiple other streams of income, such as tuition and rental income, which brought his total income to around Rs 70,000 per month. Her counsel contended that he (husband) had suppressed his financial records and showed only a limited six-month bank statement.

The respondent’s (husband) counsel argued that he worked with a non-government organisation (NGO), earning only Rs 10,000 per month. Also, he had to support his parents, who live below the poverty line. In addition to this, the respondent also claimed that the wife was working as a nursery teacher and could maintain herself. However, this claim came without any documentary proof.

Court Observation

The court observed that no documentary proof was provided by the husband to substantiate his claim about his wife earning an income.

It said, “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. Accordingly, this Court is of the view that, for the purposes of the grant of interim maintenance, the petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.”

It added that the husband’s income of Rs 10,000 was lower than the minimum wage in Uttar Pradesh for a skilled graduate. In such a case, the court noted that when the husband provides incomplete financial disclosures, the court can assess the income on the basis of minimum wages. So, it worked out the minimum wages which were applicable at the relevant time to a graduate/skilled worker in Uttar Pradesh. It came out to be around Rs 13,200 per month. The court considered this amount as the husband’s income for determining maintenance.

Court Judgment

The court ruled in its judgment: “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 enhanced the interim maintenance from Rs 2,500 to Rs 3,500 per month, effective from the date of the original application. It directed the payment of arrears within three months from the date of the order.