No Presumption of Wife’s Earning Capacity in Interim Maintenance Cases: Delhi High Court

The Delhi High Court has held that while deciding interim maintenance, a wife cannot be presumed to be earning or capable of maintaining herself in the absence of evidence.

Justice Swarana Kanta Sharma made the observation while hearing a plea filed by a woman challenging a Family Court order that had granted her ₹2,500 per month as interim maintenance.

The Court noted that the husband’s claim that the wife was working and earning could not be accepted without proof. It observed that a mere bald assertion that the wife is employed, without even prima facie evidence, is of no assistance to the husband at the interim stage.

The Court further recorded that the woman had studied only up to Class 11 and there was no documentary material to support the allegation that she was working as a nursery teacher.

According to the case, the parties were married on June 27, 2021, as per Muslim rites and ceremonies in Uttar Pradesh. No child was born from the marriage. The wife alleged that soon after the wedding, she was subjected to cruelty by the husband and his family members on account of insufficient dowry. She further claimed that she was forcibly turned out of her matrimonial home after being assaulted.

The woman stated that she has no independent source of income and is dependent on her parental family. She alleged that her husband is a man of means and claimed that he is a graduate working as a teacher in a private school, earning around ₹25,000 per month. She also alleged that he earns additional income through private tuitions, a grocery shop, and rental income, and leads a comfortable life.

Aggrieved by the Family Court order granting ₹2,500 per month, the wife approached the High Court contending that the amount was wholly inadequate to meet her basic needs.

The husband, on the other hand, claimed that he works as a teacher or special educator with an NGO and earns only ₹10,000 per month.

However, the High Court noted that the claimed income was even lower than the minimum wages payable to a skilled worker, despite the husband being a graduate. The Court also pointed out that he had failed to produce complete bank statements and that there was no consistent proof of the income claimed by him.

In these circumstances, the Court said, "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. 13. Accordingly, to serve the interests of justice, the interim maintenance payable to the petitioner-wife is enhanced from ₹2,500/- per month to ₹3,500/- per month, payable from the date of filing of the application under Section 125 of the Cr.P.C., subject to adjustment of any amount already paid."

The Court also directed the husband to clear the arrears of maintenance within three months. It clarified that the observations made in the order were limited to the issue of interim maintenance and would not affect the merits of the pending trial, which would be decided independently on the basis of evidence.

Case Title: X v. Y

Bench: Justice Swarana Kanta Sharma

Hearing:  06.01.2026