Delhi High Court Enhances Interim Maintenance | Wife Cannot Be Presumed Earning Without Proof
The Delhi High Court, in a significant ruling, has held that a wife cannot be presumed to be earning or capable of maintaining herself at the interim maintenance stage unless there is clear evidence. Mere allegations by the husband, without documentary proof, are insufficient.
👩⚖️ Justice Swarana Kanta Sharma, while hearing CRL.REV.P. 763/202 (X v. Y) on 06 January 2026, enhanced the interim maintenance awarded to the wife from ₹2,500 to ₹3,500 per month under Section 125 Cr.P.C.
🔑 Key Observations by the Court:
A bald assertion that the wife is working cannot be accepted without prima facie evidence.
The wife had studied only up to Class 11, and there was no proof that she was employed as a nursery teacher.
The husband, despite being a graduate, claimed an income lower than minimum wages and failed to produce complete bank statements.
The wife had no independent source of income, and the maintenance granted earlier was found to be on the lower side.
📌 Court Directions:
✔ Interim maintenance enhanced to ₹3,500 per month
✔ Payable from the date of filing of the Section 125 Cr.P.C. application
✔ Arrears to be cleared within three months
✔ Observations limited to interim maintenance and will not affect the trial on merits
⚖️ This judgment reinforces the principle that financial capacity must be proved, not presumed, especially when deciding interim maintenance.
📍 Stay updated with important family law and maintenance rulings from the Delhi High Court. Best Divorce case, Domestic Violence Case, Maintenance & Alimony Case and Mutual Consent Divorce Case Lawyer in Karkardooma Court Delhi
Comments
Post a Comment