Case at a Glance
The Family Court ordered a husband to pay his wife ₹5,000 a month as maintenance pendente lite from the date of her application in January 2021. He challenged both the amount and the start date. The Delhi High Court upheld the assessment of his income at ₹22,000 a month and the ₹5,000 quantum, but held that the wife was not entitled to interim maintenance for the period she was employed. It ordered maintenance to run from 1 July 2024, after she lost her job.
Background
The parties married on 25 October 2015 and have a daughter who lives with the wife. They have lived apart since 11 November 2020. The wife filed for divorce on the ground of cruelty before the Family Court, Shahdara, and on 8 January 2021 applied under Section 24 of the Hindu Marriage Act for maintenance pendente lite.
The husband said he earned ₹16,500 a month as an operator at his father's photostat shop, supported by a certificate from his father. The Family Court assessed his income at ₹22,000 using minimum wage rates and, on 12 November 2024, ordered ₹5,000 a month from the date of the application. The wife had in fact worked weekends as a sales helper at a shoe showroom from March 2020 to June 2024, earning ₹7,000 a month.
The Question Before the Court
Was the income assessment correct, and can interim maintenance run for a period when the wife was employed?
Estimates Allowed, but Employment Counts
The Court observed that spouses often under-disclose income, so courts may rely on reasonable estimates, and that Section 24 proceedings are summary in nature. Relying on Jasbir Kaur Sehgal v. District Judge, Dehradun, Rajnesh v. Neha and Bharat Hegde v. Saroj Hegde, it upheld the use of minimum wage rates and rejected the father's certificate as inconclusive in the absence of other documents. The ₹5,000 quantum was found just and reasonable.
However, the Court held that the wife was not entitled to interim maintenance for the period from March 2020 to June 2024, when she was employed. It allowed the appeal to that extent, directing that maintenance run from 1 July 2024, and left the Family Court's other terms in force.
What the Court Held
- Courts may estimate income where a spouse under-discloses it; mathematical precision is not required.
- The husband's income was rightly assessed at ₹22,000 a month, and ₹5,000 a month was a fair amount.
- The wife was not entitled to interim maintenance while she was employed (March 2020 to June 2024).
- Maintenance runs from 1 July 2024, when she became unemployed; the appeal was allowed to that extent.
Why It Matters
- A spouse's employment during the pendency of a case can affect entitlement for that period.
- Minimum wage rates can be used to estimate an under-disclosed income.
- Certificates from family members carry little weight without supporting documents.
For Litigants / For Counsel
For litigants
- Disclose any job you hold while claiming maintenance.
- A letter from a relative is unlikely to prove your income.
For counsel
- Examine the applicant's employment history for the claim period.
- Support income claims with bank statements and tax records.
Key Takeaways
- ₹5,000 a month upheld.
- Income estimated at ₹22,000.
- No maintenance for the working period.
- Start date moved to 1 July 2024.
FAQs
Why was the start date changed?
Because the wife was employed until June 2024.
Can courts guess a spouse's income?
They can make a reasonable estimate where disclosure is inadequate.
Is the daughter's maintenance affected?
The appeal concerned the wife's Section 24 maintenance; the Family Court's other terms remain.
Conclusion
The Delhi High Court upheld a modest interim maintenance award but limited it to the period when the wife actually lacked an income.
Practical takeaway: interim maintenance tracks real need over time, including periods of employment.