Delhi HC upholds ₹3,000 monthly maintenance despite husband's first marriage claim
The Delhi High Court has upheld a Family Court order directing a man to pay ₹3,000 per month in maintenance to his wife under Section 125 of the Code of Criminal Procedure (CrPC), rejecting his argument that she was ineligible because her earlier marriage had not been formally dissolved. The ruling, delivered by a single-judge Bench of Justice Saurabh Banerjee, reinforces the welfare-oriented interpretation of maintenance law in India.
Background of the Case
The couple married in May 2009 in Uttar Pradesh according to Hindu rites and ceremonies, after which they resided together in Delhi. According to the wife, the relationship deteriorated shortly after the wedding, with allegations of repeated assault and mistreatment by the husband, eventually forcing her to leave the matrimonial home.
The Family Court had passed its maintenance order in February 2018, directing Raj Kumar to pay ₹3,000 per month along with litigation expenses of ₹11,000. Kumar subsequently filed a revision petition before the Delhi High Court challenging that order.
What the Husband Argued
Before the High Court, Kumar contended that the wife was not legally entitled to maintenance because her earlier marriage had not been dissolved through a formal decree of divorce. He alleged that she had suppressed material facts regarding her first marriage and prior maintenance proceedings initiated against her first husband.
Kumar additionally challenged the territorial jurisdiction of the Family Court and questioned the basis on which the maintenance amount was fixed, claiming he was unemployed and had no stable source of income.
What the Court Found
The Delhi High Court noted that the Family Court had already thoroughly examined the issue of the wife's earlier marriage after analysing pleadings and evidence on record. The respondent's counsel pointed out that Kumar had failed to lead any evidence before the Family Court during those proceedings.
Justice Banerjee observed:
