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Delhi High Court: Wife Cannot Be Denied Interim Maintenance on Mere Allegations of Earning

The Delhi High Court has reaffirmed that at the stage of interim maintenance under Section 125 Cr.P.C., a wife cannot be presumed to be earning or self-sufficient based on vague and unsubstantiated claims made by the husband.

In CRL.REV.P. 763/2024 (A vs. B), the Court enhanced interim maintenance from ₹2,500 to ₹3,500 per month, holding that:

✔ Bald allegations about the wife’s employment, without documentary proof, carry no weight
✔ A wife’s statutory right to maintenance cannot be diluted by assumptions
✔ Where the husband conceals or gives incomplete income details, income can be assessed on minimum wages
✔ Interim maintenance must meet basic survival needs

The Court emphasized that a woman educated only up to the 11th standard cannot be presumed capable of maintaining herself, especially in the absence of evidence.

👩‍⚖️ Bench: Hon’ble Dr. Justice Swarana Kanta Sharma
📌 Court: Delhi High Court

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