Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court

The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.

A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since the provision for grant of maintenance or interim maintenance for women and children in various statutes is keeping in perspective the underlying principle under Article 15(3) of the Constitution of India.

“The purpose remains to provide recourse to dependent wife and children by way of financial support to maintain herself along with the child,” the court said.

It added that the parameter for grant of maintenance to the wife remains whether her source of income is sufficient to enable her to maintain herself along with a minor child.

“The maintenance has to be realistic, avoiding either of two extremes i.e. neither oppressive or extravagant, nor meagre to drive the applicant wife to penury or mere support. The duration of the marriage as well as the conduct of the parties, which is apparent on the face of the record also needs to be kept in perspective,” the court said.

Furthermore, the court said that an endeavour should be made by the Courts for disposal of interim maintenance application within 60 days of service of notice.

“We are of the considered view that wherever the contesting party is proceeded ex-parte or does not choose to contest the proceedings, the decision on the application for interim maintenance should not be deferred to a later stage of conclusion of the proceedings, as the same defeats the very purpose of legislative intent of providing monthly support to the applicant,” the court said.

The bench also observed that the interim maintenance has to be decided on the basis of pleadings and the income and assets affidavit filed on behalf of the parties and that a balance has to be drawn between relevant factors as there is no straitjacket mechanism for fixing the quantum of maintenance.

The court was dealing with an appeal moved by a wife challenging a family court order directing the husband to pay Rs. 20,000 monthly maintenance to the minor child, from the date of filing of the application till the decision of the case, while the pendente lite maintenance to her was declined.

The parties got married in 2000 and a girl child was born in 2010. In 2019, the wife preferred a divorce petition claiming that the husband had treated her with cruelty, deserted her and constrained her to live separately since 2013.

She also filed an application along with the petition claiming maintenance of Rs.75,000 per month for her and the daughter, along with litigation expenses.

The bench said that it was unable to concur with the observations of the Family Court that since the wife was capable of earning and maintaining herself, she did not require any financial support from the husband.

“On the face of record, considering the status of the parties along with the standard of living in the matrimonial home and the income of the respondent, the appellant wife is also entitled to maintenance apart from the minor child,” the court said.

It noted that the wife was constrained to stay in a tenanted premises and bear all the expenses on education, extracurricular activities of the child alongwith medical and other uncertainties of life.

In this backdrop, the court said that while there is no doubt that the maintenance of the child is a joint responsibility, but the realistic view of the expenses and the status of the parties need to be kept into consideration.

“It has already been observed above that the parameters for determination of maintenance depend upon financial status of the contesting respondent and the amount awarded must be reasonable and realistic. The wife is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home,” the court said.

Modifying the impugned order, the bench ordered that the wife will also be entitled to monthly maintenance of Rs.15,000, apart from the maintenance for the minor child as awarded by the Family Court, from the date of filing of application till the disposal of the proceedings.

“Maintenance pendente lite shall be set off/adjusted against any other amount of maintenance received by the appellant. The respondent shall also be liable to clear the arrears of maintenance within timeline as directed by the learned Judge, Family Court,” the court said.

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1219

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