Wife can't be presumed to be earning at interim maintenance stage: Delhi HC

New Delhi: Wife cannot be presumed to be earning or being capable of maintaining herself at the stage of granting interim maintenance, the Delhi High Court has said.

Justice Swarana Kanta Sharma made the observation while dealing with a woman's plea challenging a family court order granting her monthly interim maintenance of Rs 2,500.

The husband claimed that the petitioner wife was working as a nursery teacher and was, therefore, earning, but he did not place any documentary proof on record.

The court noted that the woman studied only up to 11th standard and rejected his assertion, saying the husband's "bald assertion" with any proof could not be of any help at this stage.

"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," the court said in the judgement passed on January 5.

"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", it added.

The family court awarded Rs 2,500 per month as interim maintenance to the woman in March 2024 on her plea under section 125 (Order for maintenance of wives, children and parents) of the Code of Criminal Procedure.

The couple married in June 2021 as per Muslim rites and ceremonies, and the wife claimed that soon after, she was subjected to cruelty in the matrimonial home over dowry demands.

She submitted that she was turned out of the matrimonial home in 2022.

Seeking enhancement of interim maintenance, she argued that her husband was a graduate who was working as a teacher in a private school, earning approximately Rs 25,000 per month.

She further alleged that he also gave private tuition and earned an additional Rs 15,000 per month, besides running a grocery shop and earning rental income of about Rs 30,000 per month.

She said Rs 2,500 per month was insufficient and inadequate.

The husband defended the interim maintenance amount of Rs 2,500 per month on the grounds that he was working as a teacher/special educator with an NGO and earned Rs 10,000 per month.

The court, however, observed that the claimed income was even lower than the minimum wages payable to a skilled person, despite the husband admittedly being a graduate.

It further noted that the husband did not file his complete bank account statements and produced account statements only for a limited period, which did not have specific transactions highlighting receipt of any salary of Rs 10,000 per month.

The court, therefore, said the income of the husband must be assessed on the basis of minimum wages, which were Rs. 13,200 for him, and interim maintenance should be enhanced accordingly.

"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," the court as it enhanced the interim maintenance awarded to the wife to Rs 3,500 per month.

"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," it said.

The court also directed the husband to pay arrears of maintenance within a period of three months.