Interim Maintenance | Wife Can Claim Education Expenses; Adverse Inference Possible If Husband Withholds Income Info: Allahabad High Court

The Allahabad High Court recently upheld the claim of a wife who was granted interim maintenance from her husband towards her own educational expenses, observing that her claim for such expenses was prima facie made out.The Court also noted that it is now settled law that the court may draw an adverse inference against a husband who, despite ample opportunity, fails to file an affidavit disclosing his income and assets in maintenance proceedings.A Bench of Justice Garima Prashad made these observations while dismissing a criminal revision petition filed by a husband, who had challenged an order of the Family Court directing him to pay interim maintenance to his estranged wife.Case in briefBriefly put, the wife filed an application for maintenance under Section 125 CrPC. She stated that the couple got married in June 14, 2020, but had been living separately since March 14, 2022.The wife alleged that she was forced out of the matrimonial home due to dowry demands and had received no financial support since that date.In her petition, she sought monthly maintenance of Rs. 15,000/-, claiming that she required funds for her studies, daily expenses and medical needs.She claimed that her husband owned 75 Bighas of agricultural land, was engaged in farming on lease, ran coaching classes for competitive examinations and alsoearned approximately Rs. 40,000 per month.On the other hand, the husband denied these claims and asserted that he had no source of income, owned no land in the revenue records and even did not run any coaching classes.His counsel argued that the wife was a well-educated lady who had completed her MA in 2011 and her LL.B course in 2024. It was argued that she was capable of earning her own livelihood. Thus, he contended that the Family Court's order of Rs. 3,500/- as interim maintenance was arbitrary and illegal.High Court's observationsNoting that the husband had failed to file an affidavit of assets and liabilities before the Family Court, despite being given ample opportunities, the bench said that in such scenarios, an adverse inference against the husband for potential concealment of income.In this regard, the Court referred to Order XIX Rule 3 CPC [Matters to which affidavits shall be confined] and Section 106 Indian Evidence Act [Section 109 BSA/ Burden of proving fact especially within knowledge].The Bench noted that the Family Court's reliance on the affidavit of disclosure is a mechanism to ensure a fair and informed assessment of interim maintenance.It added that at this stage, interim maintenance is granted based on the entitlement of the respondent-wife and the same cannot be based upon exact arithmetical calculation.Further, the single judge opined that the husband had failed to prove that the respondent wife had any source of income or that she was engaged in any form of profitable employment.Consequently, the Court found that the interim maintenance of Rs. 3,500 awarded by the Additional Principal Judge, Family Court, Pilibhit, was neither excessive nor arbitrary, but rather just and proper in the facts and circumstances of the case.Thus, the revision plea was dismissed. Case title - Shyam Mohan vs. State of U.P. and another 2026 LiveLaw (AB) 31Case citation: 2026 LiveLaw (AB) 31Click Here To Read/Download Order

Interim Maintenance | Wife Can Claim Education Expenses; Adverse Inference Possible If Husband Withholds Income Info: Allahabad High Court

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