The Delhi High Court recently determined that a wife cannot be denied maintenance solely due to her request for a divorce after separating from her husband for valid reasons. Justice Amit Mahajan emphasized that a wife’s educational qualifications do not constitute a legitimate reason to refuse her maintenance.
The court rejected the husband’s appeal against a family court’s November 2022 ruling that granted the wife a monthly maintenance of ₹5,500. Furthermore, the court mandated a 10% increase in the maintenance amount every two years to account for inflation, and the Family Court awarded the wife ₹12,000 for legal expenses.
Although the husband claimed his monthly income was ₹13,000, the Family Court evaluated it at ₹16,000, citing 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 mocked her for not providing enough dowry. She further claimed that her husband, despite having the financial capability, did not offer her any support.
In rejecting the plea, the court observed that the family court had found the wife’s testimony to be credible and reliable, and there was no valid reason to dispute this assessment due to minor inconsistencies in her statements.
Justice Mahajan also pointed out that in marital disputes, individuals frequently underreport their income, and even income tax returns may not reflect their true earnings accurately.
The court added, “There is no evidence on record to indicate the petitioner’s expenses for his parents. Simply claiming to live with his parents without substantiation is not enough.”
The court emphasized that, as a capable man, the husband has a responsibility to provide financial support to his wife, and no evidence was provided to show that she could support herself.
