Recently, a Delhi court examined the scope and object of interim maintenance under the criminal procedure law in a matrimonial dispute that raised significant questions about financial support, earning capacity, and the right of a wife to live with dignity after separation. The case involved competing claims regarding income, standard of living during marriage, and the extent of a husband’s statutory responsibility, particularly when he resides abroad.
The case arose from an application filed by the wife seeking interim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). She claimed that following her separation from her husband, she was unable to maintain herself and had become dependent on her family for daily expenses. According to her, she had enjoyed a particular standard of living during the marriage, which could not be abruptly taken away after separation.
The husband opposed the claim, asserting that the marriage had lasted only about 13 months and that the wife had voluntarily withdrawn from the matrimonial home. He also relied on the fact that there were no children from the marriage and contended that the maintenance amount sought was excessive.
On behalf of the husband, it was argued that the maintenance application was not maintainable under the statute. He submitted that the wife was well-educated, professionally qualified, and capable of earning for herself. It was further alleged that she had concealed material details relating to her education and income. The husband also contended that he was residing in Dubai, where the cost of living was substantially higher, and therefore, the quantum of maintenance claimed Rs.8 lakh per month, was unreasonable and unsupported by particulars of expenditure.
On behalf of the wife, it was argued that being capable of employment and being actually employed were two distinct concepts. The wife contended that although she had worked prior to marriage, she was presently unemployed and unable to maintain herself. It was further submitted that she had left the matrimonial home due to alleged cruelty and that the husband, being a man of substantial means, was legally bound to maintain her in the same standard of living that she enjoyed during the subsistence of the marriage.
The court, presided over by Devender Kumar Garg, reiterated that the purpose of maintenance law is not limited to bare survival. The court observed that “sustenance does not mean leading the life of an animal or being reduced to an unperson” and emphasised that maintenance must ensure a dignified existence consistent with the social status and lifestyle the wife enjoyed in her husband’s home.
The court further held that an able-bodied husband cannot evade his statutory obligation to maintain his wife by merely asserting that she is educated or capable of earning. It noted that the husband had disclosed a monthly income of AED 40,000 in his affidavit of assets and liabilities but had failed to place on record his bank statements and VAT returns despite repeated directions. In such circumstances, the court held that an adverse inference was liable to be drawn and that some degree of “guesswork” became inevitable in assessing his income.
The contention that residence in Dubai and the higher cost of living abroad should exempt or dilute the maintenance obligation was also rejected.
Considering the material on record, the husband’s earning capacity, lifestyle, and the absence of any other dependants, the Court held that a monthly amount of Rs. 5 lakh constituted a reasonable sum towards interim maintenance and directed the husband to pay the same to the wife.
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