The Delhi High Court recently ruled that a wife cannot be denied maintenance simply because she seeks a divorce after separating from her husband for legitimate reasons. Justice Amit Mahajan also stressed that a wife’s educational background alone is not a valid ground to refuse her maintenance.
The court dismissed the husband’s petition challenging a family court’s November 2022 decision, which awarded the wife a monthly maintenance of Rs. 5,500. Additionally, the court ordered a 10% increase in the maintenance amount every two years to adjust for inflation, and the Family Court also granted the wife Rs. 12,000 for litigation expenses.
While the husband asserted that his monthly income was Rs. 13,000, the Family Court assessed it at Rs. 16,000, referencing the minimum wage in Delhi.
The wife accused her husband of being an alcoholic who physically abused her, and alleged that both he and his family harassed and taunted her for bringing insufficient dowry. She also claimed that, despite having the financial means, her husband failed to provide her with any support.
In dismissing the plea, the court noted that the family court had deemed the wife’s testimony credible and trustworthy, and there was no reason to challenge this conclusion based on minor inconsistencies in her statements.
Justice Mahajan also highlighted that in matrimonial disputes, individuals often underreport their income, and even income tax returns may not accurately represent their actual earnings.
The court further remarked, “There is no evidence on record to show the petitioner’s expenses for his parents. A mere unsubstantiated claim of living with his parents is insufficient.”
The court further stressed that as an able-bodied man, the husband had a duty to provide financial support to his wife, and no evidence was presented to demonstrate that she could support herself.
