In a closely watched matrimonial dispute, the Delhi High Court has upheld an interim maintenance of ₹13,000 per month to a wife and her two minor daughters, bringing an end to cross-petitions filed by both spouses challenging the same order.
Background of the Case
The dispute arose after the marriage between the parties in April 2014, which later broke down within two years. The wife alleged that she was forced out of the matrimonial home in 2016 and subsequently initiated legal proceedings seeking financial support for herself and her children.
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Initially, a Family Court granted ₹7,000 per month as ad-interim maintenance under Section 125 of the Criminal Procedure Code. Later, in proceedings under the Protection of Women from Domestic Violence Act, a trial court awarded an additional ₹3,000 per month.
On appeal, the sessions court enhanced this amount to ₹6,000, taking the total monthly maintenance to ₹13,000. Both parties challenged this the husband calling it excessive, and the wife arguing it was too low.
Justice Swarana Kanta Sharma examined the financial claims made by both sides. The husband maintained he earned only ₹12,000 per month as a supervisor, while the wife alleged that he had a much higher income from business activities.
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The Court noted that neither side had fully substantiated their claims. However, it found gaps in the husband’s disclosures.
“The material placed on record… indicates that the husband has not made a full and candid disclosure of his financial position,” the Court observed.
The judge also pointed out inconsistencies in the husband’s financial records, including past business transactions, investments, and tax filings that suggested a higher earning capacity than claimed.
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Importantly, the Court rejected the husband’s assertion that he earned only ₹12,000 per month, noting that such an amount fell even below minimum wage standards in Delhi.
At the same time, the Court found no reliable proof to support the wife’s claim that the husband earned several lakhs per month. It concluded that, at this stage, a reasonable estimate of his income would not be less than ₹20,000 per month.
On the wife’s income, the Court held that there was no evidence to show she was earning, despite allegations that she gave private tuitions.
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After considering the needs of the wife and two minor children, along with the cost of living, the Court upheld the total interim maintenance of ₹13,000 per month.
“The amount… cannot be said to be excessive or unreasonable,” the bench stated.
The Court also clarified that the ₹7,000 already being paid under earlier proceedings would be adjusted within this total amount.
With these findings, both petitions filed by the husband and the wife were disposed of, and the interim arrangement was allowed to continue until final adjudication by the trial court.
Case Details
Case Title: Dinesh Kumar vs Neeti & Ors.
Case Number: CRL.M.C. 6628/2022 & CRL.M.C. 3998/2023
Judge: Justice Dr. Swarana Kanta Sharma
Decision Date: 04 April 2026
