New Delhi

The Delhi High Court on Thursday clarified that a wife cannot be presumed to be earning or self-sufficient at the stage of granting interim maintenance.

Justice Swarana Kanta Sharma made the observation while hearing a plea challenging a family court order that awarded the woman Rs 2,500 per month as interim maintenance under Section 125 of the CrPC. The husband claimed his wife worked as a nursery teacher, but he failed to provide any proof. The court rejected his “bald assertion,” noting that the woman had studied only up to the 11th standard and had no independent income.

The couple, married in June 2021 under Muslim rites, separated in 2022 after the wife alleged cruelty over dowry demands. She sought an enhancement of maintenance, citing her husband’s multiple income sources, including teaching, private tuitions, a grocery shop, and rental income. The husband, however, claimed to earn only Rs 10,000 per month and provided partial bank statements.

The court observed that his claimed income was below the minimum wages applicable to a graduate in Uttar Pradesh, which stood at Rs 13,200 per month. Based on this assessment, the court enhanced the interim maintenance to Rs 3,500 per month and directed the husband to pay arrears within three months.

The judgment emphasises that at the interim stage, courts must not assume a wife has the ability to maintain herself without concrete proof, ensuring fair financial protection for spouses lacking independent income.