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The Delhi High Court has partly allowed a husband’s revision against an interim maintenance order of Rs 1 lakh per month, holding that the amount was justified during the period when he was receiving substantial salary but could not continue at the same level after his regular income ceased.
Justice Madhu Jain, in a judgment pronounced on July 30, 2026, also rejected the wife’s plea to increase the maintenance to Rs 3,38,500 per month.
Background Of The Case
The dispute arose from cross-revision petitions concerning interim maintenance under the Protection of Women from Domestic Violence Act, 2005. The trial court had initially directed the husband to pay Rs 1 lakh per month to the wife from the date of her complaint.
The wife had sought Rs 3,38,500 per month, while the husband challenged the original amount. The courts below had assessed his monthly income in the range of Rs 4–5 lakh after examining salary records, Form-16 and bank statements.
The High Court noted that the husband’s bank account showed recurring employer-related credits substantially higher than his claimed monthly income of around Rs 1.5 lakh. At the same time, the Court found that the wife had no established regular source of income.
Court’s Observation On Maintenance
The Court held that interim maintenance has to be assessed on the financial material available for the relevant period. It noted that salary slips, Form-16, bank statements, deductions, liabilities and the expenses of dependent children must be considered together.
“The assessment at the interim stage may be approximate, but it cannot be arbitrary,” the Court observed.
The Court found that the Rs 1 lakh monthly maintenance was not excessive for the period when the husband was receiving substantial remuneration. However, his financial position later changed materially. No regular salary was received after December 2020, and his Air India employment was ultimately terminated in April 2022.
Wife’s Plea For Enhancement Rejected
The Court declined to increase the maintenance to Rs 3,38,500 per month. It held that the husband’s gross annual income could not automatically be treated as his disposable monthly income, particularly after accounting for taxes, deductions, employment-related expenditure and his responsibility towards the minor son.
The Court concluded that Rs 1 lakh was not so low as to deprive the wife of reasonable sustenance.
Court On Wife Seeking Employment
The High Court upheld the direction requiring the wife, who was professionally qualified, to make genuine efforts to secure employment. However, it clarified that the mere expiry of one year would not automatically end maintenance.
“The capacity to earn cannot be equated with actual earnings,” the Court said.
Decision
The Court directed that the husband would pay Rs 1 lakh per month from January 11, 2019 to November 7, 2021, and Rs 15,000 per month from November 8, 2021 to May 19, 2022. From May 20, 2022, the parties would continue under the existing Rs 15,000 monthly maintenance order passed under Section 25(2) of the DV Act.
The wife’s revision seeking enhancement was dismissed, while the husband’s revision was partly allowed. The employment-related direction was upheld with the clarification that maintenance would not stop automatically after one year.
Case Details:
Case Title: Dhirendra Kumar v. Swati Saista and Connected Matter
Case Number: CRL.REV.P. 363/2021 & CRL.REV.P. 43/2022
Judge: Justice Madhu Jain
Decision Date: July 30, 2026
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