The Delhi High Court has observed that a husband cannot rely on his disability alone to evade his obligation to maintain his family, including his wife and minor child.

Justice Sanjeev Narula reduced the interim maintenance payable by a man with 100% disability who was completely deaf and unable to speak.

The Court observed that the man's disability, which existed before his marriage and subsequent parenthood, must be considered alongside the needs of his wife and minor child.

“Having assumed the responsibilities of marriage and parenthood, the Petitioner cannot rely on his disability alone to evade his obligation to maintain his family,” the Court observed.

The Court was hearing a revision petition filed by the man challenging a Family Court order directing him to pay interim maintenance of Rs. 8,000 per month, comprising Rs. 4,000 each for his wife and minor child.

The husband contended that he suffered from 100% disability and was incapable of earning a livelihood due to the communication difficulties arising from his inability to hear or speak.

Relying on a disability certificate issued by a government hospital in Delhi, his counsel argued that the inference regarding his earning capacity was based on conjecture.

It was further submitted that the credit entries in his bank account represented disability pension and that he had no independent source of income.

The Family Court had assessed his earning capacity with reference to the minimum wages prescribed for an unskilled worker in Delhi. It had observed that his disability could reduce his earning capacity but could not necessarily eliminate it altogether.

The High Court noted that the husband's disability predated his marriage and the birth of his child. It emphasised that the needs of the wife and, particularly, the minor child must also receive due consideration.

Taking a prima facie view of the material on record, Justice Narula reduced the interim maintenance from Rs. 8,000 to Rs. 6,000 per month, comprising Rs. 4,000 for the minor child and Rs. 2,000 for the wife, until the next date of hearing.

The Court directed that arrears be recalculated at the revised rate from the date specified in the Family Court's order.

The husband was directed to clear the arrears within the timeline stipulated in that order and continue paying maintenance at the revised rate until the next hearing.

The Court clarified that its observations were prima facie and confined to the interim arrangement, and would not be treated as an expression of opinion on the merits of the revision petition.

The Court issued notice to the wife and listed the matter for further hearing on February 08, 2027.