The Delhi High Court has held that maintenance cannot be determined solely on the basis of the husband’s income while ignoring the financial circumstances, qualifications and earning capacity of the wife.
Justice Saurabh Banerjee passed the order on August 11, 2026, in a revision petition challenging the Family Court’s maintenance order, and reduced the interim maintenance awarded to a woman from ₹30,000 to ₹25,000 per month.
Background of the Case
The parties were married on November 2, 1995, and have two children. In April 2021, the respondent sought maintenance. The Family Court initially granted ₹25,000 as ad-interim maintenance and later, by its June 5, 2024 order, increased the interim maintenance to ₹30,000 per month from the date of the application.
The petitioner argued that he was already meeting the financial and educational expenses of both children, including his daughter’s MBBS course. He also pointed out that the respondent was an MBA Finance graduate, had rental and fixed-deposit interest income, and was living in a house purchased by him.
The respondent opposed the revision, relying on the petitioner’s income affidavit and Income Tax Return, which showed annual income of more than ₹63 lakh for Assessment Year 2022-23. She also submitted that he was engaged in the cargo business.
Court’s Observation
The High Court referred to the principles laid down by the Supreme Court in Rajnesh v. Neha, under which courts must consider factors including the parties’ status, the claimant’s independent income and property, the number of dependants, liabilities and the paying party’s capacity.
The Court found that the respondent was living in a three-bedroom residential property belonging to the petitioner and had rental income of ₹10,450 per month along with approximately ₹4,400 in monthly interest from fixed deposits. The Court also noted her educational qualifications and earning capacity. At the same time, the petitioner was bearing the children’s educational and financial expenses.
“The Court granting interim maintenance, cannot be oblivious of the cumulative variables which ought to be considered,” Justice Banerjee observed, stressing the need to balance the rights and liabilities of both sides.
Decision
The High Court held that the Family Court had noticed the relevant factors but had not given them adequate weight and had focused primarily on the petitioner’s income. It therefore interfered with the maintenance order.
The Court reduced the interim maintenance from ₹30,000 to ₹25,000 per month, payable from April 12, 2021, the date of filing of the maintenance application.
The revision petition and pending application were accordingly disposed of.
Case Details:
Case Title: X and Y
Case Number: CRL.REV.P.(MAT.) 122/2024, CRL.M.A. 35886/2024
Judge: Justice Saurabh Banerjee
Decision Date: August 11, 2026
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