Can't Assume Graduate Wife Intentionally Not Working To Claim Maintenance From Husband When She Was Never Employed: Delhi High Court

The Delhi High Court has said that merely because the wife is holding a graduation degree, it cannot be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband, particularly when she was never employed in the past.

While refusing to reduce interim maintenance granted to a wife, a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said:

“There is no denial that the wife is a graduate having a degree, but she has never been gainfully employed. No inference can be drawn that merely because the wife is holding a degree of graduation, she must be compelled to work. It can also not be presumed that she is intentionally not working solely with an intent to claim interim maintenance from the husband.”

The court was dealing with cross appeals filed by the parties challenging a family court order directing the husband to pay Rs. 25,000 monthly pendente-lite maintenance to the wife.

The parties got married in 1999. The wife sought enhancement of pendente lite maintenance to Rs.1,25,000/- per month.

On the other hand, the husband sought its reduction and setting aside of the penalty imposed by the family court which observed that he was not truthful in disclosing his actual income. A penalty of Rs.1,000 per day on the interim maintenance and Rs.550 per day on litigation cost was imposed on him.

The bench observed that the wife, despite having a degree of B.Sc. has not been working, while the husband was a practicing Advocate.

The court said that the wife failed to show that the estimation of the husband’s income was incorrect or that he had a much higher monthly income. Accordingly; it found no reason to question the assessment of monthly income of the husband made by the family court.

“The learned Principal Judge has considered reasonably the expenditure of the wife and the son and has directed payment of interim maintenance @ Rs.25,000/- per month. There is no ground made out by the wife for enhancement of the maintenance,” the court said.

However, the court set aside the penalty of Rs.1,000 per day on the delayed payment of interim maintenance to the wife. It directed that interest @ 6% per annum be paid to the wife for delayed payment of interim maintenance.

The court also set aside the penalty of Rs.550 per day imposed on delay in payment of litigation cost.

“It is not justiciable that the penalty surpasses the substantial relief granted by way of pendente lite maintenance. For the same reason, the imposition of penalty of Rs.550/- per day for the day for the delay in payment of litigation cost of Rs.33,000/- is not justiciable,” the court said.

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1022

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