No Presumption Of Wife's Earning Capacity At Interim Maintenance Stage: Delhi High Court

The Delhi High Court has ruled that a wife cannot be presumed to be earning or being capable of maintaining herself while considering grant of interim maintenance to her by the husband. Justice Swarana Kanta Sharma said that a mere bald assertion by the husband that the wife is working and earning, without any proof to even prima facie support the said claim, cannot be of any help to him at the interim stage. The Court was dealing with a wife's plea challenging a family court order awarding Ra. 2,500 as interim maintenance to be paid to her by the husband. The couple got married in 2021, as per Muslim rites and ceremonies. No child was born out of the wedlock.It was the wife's case that she was a housewife, had no movable or immovable property in her name, no independent source of income, had studied only up to the 11th standard and was wholly dependent upon her parental family for her sustenance. She claimed that the husband was a man of means, was a graduate and working as a teacher in a private school, earning approximately Rs. 25,000 per month.She submitted that the Family Court failed to assess the income of the husband on the basis of his educational qualifications and minimum wages, particularly in the absence of credible documentary proof of his alleged income.The husband argued that the wife had voluntarily left the matrimonial home as she was not inclined to live with him. He argued that the wife was working as a nursery teacher, was earning Rs. 10,000 per month, and was capable of maintaining herself.At the outset, the Court noted that it was not in dispute that the wife had studied only up to the 11th standard. The Court said that though the husband had alleged that she was working as a nursery teacher and was earning but no documentary proof was placed on record by him to substantiate his claim."Mere bald assertion that the wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to the respondent-husband at this stage. Accordingly, this Court is of the view that, for the purposes of grant of interim maintenance, the petitioner-wife cannot be presumed to be earning or being capable of maintaining herself," Court said.The judge further noted that while it was claimed that the husband was working as a teacher with an NGO and was earning Rs, 10,000 per month, the said income was even lower than the minimum wages payable to a skilled person, despite him admittedly being a graduate.Concluding that the income of the husband must be assessed on the basis of minimum wages, the Court said:“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.”Title: X v. YClick here to read order

No Presumption Of Wife's Earning Capacity At Interim Maintenance Stage: Delhi High Court

Nupur Thapliyal

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