The Delhi High Court recently noted that a wife cannot be denied maintenance solely because she seeks a divorce after leaving her husband’s company for valid reasons.
Justice Amit Mahajan also emphasized that a wife’s education alone cannot be a valid reason to deny her maintenance.
The court rejected a husband’s petition challenging a family court’s November 2022 order, which had granted the wife monthly maintenance of Rs. 5,500.
The court also ordered that the maintenance amount would increase by 10% every two years to account for inflation. Additionally, the Family Court granted the wife Rs. 12,000 for litigation expenses.
Although the husband claimed his monthly income was Rs. 13,000, the Family Court assessed it as Rs. 16,000 based on the minimum wage in Delhi.
The wife alleged that her husband was an alcoholic who physically abused her, and that both he and his family harassed and taunted her over an inadequate dowry. She further claimed that despite having the means, the husband neglected to support her financially. Dismissing the plea, the court observed that the family court had found the wife’s testimony to be credible and reliable, and there was no justification to challenge this finding based on minor inconsistencies in her statements.
Justice Mahajan further emphasized that in matrimonial disputes, there is often a tendency to underreport income, and even income tax returns may not accurately reflect the true earnings in such cases.
“There is no evidence on record to demonstrate the expenses incurred by the petitioner for his parents. A mere unsubstantiated claim that he was living with his parents is inadequate,” the court stated.
The court further emphasized that as an able-bodied man, the husband was obligated to provide financial support to his wife, and no evidence was presented to show that she was capable of supporting herself.