Maintenance jurisprudence under Section 125 of the Cr.P.C. received renewed clarity from the Delhi High Court, which held that at the interim stage, a wife cannot be denied maintenance on the mere assumption that she is capable of earning.
Justice Swarna Kanta Sharma made it clear that a bald assertion by the husband alleging that the wife is working or earning, without any prima facie documentary proof, carries no evidentiary value while deciding interim maintenance.
The Court was adjudicating a challenge to a Family Court order that had granted interim maintenance of Rs. 2,500 per month to the wife. The marriage between the parties was solemnised in 2021 as per Muslim rites. No child was born from the wedlock.
The wife pleaded before the Court that she was a homemaker with no independent income, no movable or immovable property, and educational qualifications only up to Class XI. She asserted that she was entirely dependent on her parental family for survival and sought appropriate maintenance from her husband.
On the other hand, the husband claimed that the wife had voluntarily left the matrimonial home and was earning Rs. 10,000 per month as a nursery teacher. However, the High Court noted that no document whatsoever was produced to substantiate this claim.
The Court categorically held that for the purpose of deciding interim maintenance, the wife cannot be presumed to be earning or capable of maintaining herself in the absence of credible evidence. Such presumptions, the Court observed, defeat the very object of interim maintenance, which is to prevent destitution during the pendency of proceedings.
While assessing the husband’s financial capacity, the Court found that his claimed income of Rs. 10,000 per month was even below the minimum wages payable to a skilled person. Considering that the husband was admittedly a graduate, the Court held that his income for the purpose of maintenance must be assessed on the basis of minimum wages rather than his self declared earnings.
In order to balance equities and serve the ends of justice, the High Court enhanced the interim maintenance payable to the wife from Rs. 2,500 per month to Rs. 3,500 per month.
The enhanced maintenance was directed to be paid from the date of filing of the application under Section 125 of the Cr.P.C., subject to adjustment of any amount already paid.
Case Details
- Case Title: X v. Y
- Court: Delhi High Court
- Bench: Justice Swarana Kanta Sharma
- Provision Involved: Section 125 of the Code of Criminal Procedure
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