In a significant matrimonial ruling, the Delhi High Court has directed a husband to pay ₹2 lakh per month as maintenance to his estranged wife and their minor son. The order, delivered on 29 August 2025, overturned an earlier Family Court decision that had denied maintenance to the wife.
Background
The couple married in 2009. Shortly after marriage, the wife joined her husband in Singapore, where he was employed with an impressive salary of nearly ₹10 lakh per month.
Read also:- Delhi High Court dismisses plea to quash sexual harassment case, says departmental exoneration not enough
She had worked briefly before marriage and for some time overseas, but after the birth of their son in 2011, she stopped working. Four months later, she returned to India and focused on raising the child.
In April 2019, the Family Court at Tis Hazari had held that the wife was not entitled to maintenance for herself, reasoning that she was qualified and capable of working. However, the court had ordered ₹25,000 monthly maintenance for the son. Dissatisfied, the wife appealed before the High Court.
Read also:- Allahabad High Court Directs State to Decide Unmarried Daughter's Family Pension Claim Within Two Months
Court's Observations
The bench, comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar, disagreed with the Family Court's approach.
"The conclusion that the wife is not entitled to maintenance merely because she holds a business administration diploma is not correct," the judges observed.
They stressed that caring for a young child required full attention and that the wife had taken up this responsibility alone.
Read also:- J&K High Court Directs Centre to Decide on Tender Dispute Before Considering Fresh Bids
The High Court also noted the absence of any proof that the wife deliberately avoided work or resigned from a well-paying job.
"In absence thereof, the wife should not have been denied maintenance," the bench stated.
The husband's lawyer argued that the wife sought maintenance only after he filed for divorce under Section 13 of the Hindu Marriage Act, and that she had hidden details about her past employment.
Read also:- Supreme Court to Hear Plea on Sahara Employees' Pending Wages Amid SEBI Refund Case
The Judges dismissed this contention, clarifying that seeking maintenance under Section 24 of the Act is perfectly valid during ongoing divorce proceedings.
Decision
After considering the facts, the High Court directed the husband to pay ₹2 lakh per month as temporary maintenance (pendente lite) for both the wife and the son, starting from the date of her application.
With this order, the High Court set aside the earlier ruling of the Family Court.
Case Title:- X & Y
