Stridhan, Gifts Not Source Of Income To Defeat Wife's Claim For Maintenance: Delhi High Court

The Delhi High Court has ruled that stridhan, inherited property or gifts received by a wife from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance from the husband. Justice Swarana Kanta Sharma said that the claim for maintenance must be assessed with reference to a wife's present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.The Court also underscored that the potential or theoretical capacity to earn cannot substitute for real financial independence. It added that an able-bodied husband is presumed capable of earning sufficiently to maintain his dependents, and it is for him to place credible material before the Court to show genuine inability to discharge the said obligation. “This Court notes that the respondent-wife's educational qualifications or notional earning potential cannot, by itself, constitute a valid ground to deny her interim maintenance. What is relevant for consideration is whether her actual income, if any, is sufficient to sustain herself in a manner befitting the status and lifestyle she was accustomed to during the marriage,” the Court said.Justice Sharma dismissed a husband's plea challenging a trial court order directing him to pay monthly Rs. 50,000 interim maintenance to the wife. The Court observed that the husband was living a lifestyle wholly inconsistent with the financial hardship claimed by him, which clearly contradicted his plea of unemployment.It rejected his reliance upon the wife's inherited, family-gifted assets and the background of her parents to contend that she possessed sufficient independent means and was disentitled to maintenance.Further, Justice Sharma held that while adjudicating the issue of maintenance to be granted to a wife, the Court takes into consideration not only the income and assets of the husband from regular sources but also the earnings and profits derived from any family business in which he has a share or interest.“This includes profits, dividends, or any other financial benefits accruing from the family enterprise. The rationale is that maintenance is intended to ensure the wife's reasonable living standards, and the husband's capacity to pay encompasses all legitimate sources of income, including those from business ventures, whether owned individually or as part of a family enterprise,” the Court said. It added that the documents produced by the husband pertained largely to the sale of inherited assets, maturity of fixed deposits or isolated transactions, none of which established a regular or recurring source of income on the part of the wife.The Court concluded that the wife's standard of living during the marriage was evidently high, and she cannot be expected to compromise her standard of living merely because the husband sought to downplay or obscure his own financial capacity.“Maintenance is not to be determined by arithmetic precision but by ensuring that the dependent spouse can live with reasonable comfort, consistent with the status enjoyed during matrimony,” the Court said.Title: X v. YCitation: 2025 LiveLaw (Del) 1718Click here to read order

Stridhan, Gifts Not Source Of Income To Defeat Wife's Claim For Maintenance: Delhi High Court

Nupur Thapliyal

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