New Delhi, Jan 7 (NationPress) The Delhi High Court has revised the interim maintenance granted to a woman in a marital discord case, increasing the amount from Rs 2,500 to Rs 3,500 per month. The court found the husband's accusation that she was working as a nursery teacher to be lacking in any concrete evidence.

A single-judge Bench led by Justice Swarana Kanta Sharma partially upheld a criminal revision petition submitted by the wife, who contested a Family Court ruling in Shahdara that had set her interim maintenance at Rs 2,500 under Section 125 of the Code of Criminal Procedure (Cr.P.C.).

The Delhi High Court noted that the petitioner-wife claimed to have no independent income, while her husband asserted he had limited earnings from his job with an NGO.

Justice Sharma remarked, “It is undisputed that the petitioner-wife has completed only up to the 11th standard,” emphasizing that the husband's assertion regarding her employment was not backed by any documentary evidence.

“Simply claiming that the wife is working and earning, without any proof to even support this assertion, cannot assist the respondent-husband at this point,” the order stated, highlighting that the petitioner could not be assumed to have income or the ability to support herself for interim maintenance purposes.

Regarding the husband’s income, the Delhi High Court determined that his reported earnings of Rs 10,000 per month fell below the minimum wage for skilled labor, especially given his status as a graduate.

“This court believes that the claimed income is even less than the minimum wage for skilled workers, particularly since the respondent-husband is a graduate,” Justice Sharma noted, further indicating that he had only provided limited bank statements and failed to show his complete financial records.

The court stated that when faced with incomplete or evasive disclosures, income could be estimated based on minimum wage standards. Observing that the husband was residing and working in Uttar Pradesh, the court applied the relevant minimum wage for a graduate/skilled worker, estimating his monthly income to be approximately Rs 13,200. “In light of the case's facts and circumstances, and considering the established principles governing interim maintenance, this court sets the respondent-husband’s monthly income at Rs 13,200 for the purpose of calculating interim maintenance,” Justice Sharma clarified.

Determining that the maintenance amount set by the Family Court was insufficient, the court remarked, “Taking into account the assessed income of the respondent, the parties' status, and the reality that the petitioner-wife lacks independent income, this court finds that the interim maintenance determined by the Family Court is too low and warrants an increase.”

Ultimately, the Delhi High Court raised the interim maintenance to Rs 3,500 per month, effective from the date the application under Section 125 Cr.P.C. was filed, subject to the adjustment of any amounts already disbursed, and mandated that the husband pay the arrears within three months.

Justice Sharma emphasized that these observations were solely related to the interim maintenance determination and would not affect the merits of the ongoing trial.