New Delhi, Jan 7
The Delhi High Court has enhanced the interim maintenance awarded to a woman in a matrimonial dispute from Rs 2,500 to Rs 3,500 per month, holding that the husband’s allegation that she was employed as a nursery teacher was unsupported by any documentary evidence.
A single-judge Bench of Justice Swarana Kanta Sharma partly allowed a criminal revision petition filed by the wife, who had challenged an order of the Family Court, Shahdara, granting her Rs 2,500 per month as interim maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.).
In its order, the Delhi High Court observed that the petitioner-wife had asserted she had no independent source of income, while the respondent-husband claimed to have limited earnings from his employment with an NGO.
“At the outset, this court notes that it is not in dispute that the petitioner-wife has studied only up to the 11th standard,” Justice Sharma said, adding that the husband’s allegation that she was working as a nursery teacher was unsupported by any documentary material.
“Mere bald assertion that the wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to the respondent-husband at this stage,” the order said, holding that the petitioner could not be presumed to be earning or capable of maintaining herself for the purpose of interim maintenance.
On the husband’s income, the Delhi High Court held that his claim of earning Rs 10,000 per month was below the minimum wages payable to a skilled person, particularly when he was admittedly a graduate.
“This court is of the opinion that the claimed income is even lower than the minimum wages payable to a skilled person, despite the respondent-husband admittedly being a graduate,” Justice Sharma observed, further noting that he had filed bank statements only for a limited period and had not produced his complete account statements.
The Delhi High Court held that in cases of incomplete or evasive disclosure, income can be assessed on the basis of minimum wages. Noting that the husband was residing and working in Uttar Pradesh, it applied the minimum wages applicable to a graduate/skilled worker in the state at the relevant time and assessed his monthly income at around Rs 13,200. “In the facts and circumstances of the case, and keeping in view the settled principles governing grant of interim maintenance, this court assesses the monthly income of the respondent-husband at Rs 13,200 for the purpose of determining interim maintenance,” Justice Sharma said.
Holding that the maintenance fixed by the Family Court was inadequate, the order said, “Considering the assessed income of the respondent, the status of the parties, and the fact that the petitioner-wife has no independent source of income, this court is of the considered opinion that the interim maintenance awarded by the learned Family Court is on the lower side and requires enhancement.”
In conclusion, the Delhi High Court enhanced the interim maintenance to Rs 3,500 per month, payable from the date of filing of the application under Section 125 Cr.P.C., subject to adjustment of any amount already paid, and directed the husband to clear the arrears within three months.
Justice Sharma clarified that the observations were confined to the determination of interim maintenance and would not influence the merits of the pending trial.
