Delhi HC: Wife Not Presumed Earning for Interim Maintenance; Enhances Payout

India
M
Moneycontrol•08-01-2026, 15:59
Delhi HC: Wife Not Presumed Earning for Interim Maintenance; Enhances Payout
- •Delhi High Court ruled a wife cannot be presumed to be earning or capable of self-maintenance at the interim maintenance stage without proof.
- •Justice Swarana Kanta Sharma made the observation while enhancing a woman's interim maintenance from Rs 2,500 to Rs 3,500 per month.
- •The court rejected the husband's "bald assertion" that his wife was working as a nursery teacher, citing lack of documentary evidence.
- •Husband's income was assessed based on minimum wages for a graduate in Uttar Pradesh (Rs 13,200), as his claimed Rs 10,000 was unsubstantiated.
- •The ruling emphasized that interim maintenance should be enhanced considering the husband's assessed income and the wife's lack of independent income.
Why It Matters: Delhi HC clarifies wives aren't presumed earning for interim maintenance; proof is essential.
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