Delhi HC: No Maintenance for Wife Who Hid Income, Child’s Right Protected
In a key ruling on maintenance laws, the Delhi High Court upheld a Family Court order denying maintenance to a wife who had concealed her true income. Justice Swarana Kanta Sharma observed that under Section 125 CrPC, a wife must first prove her inability to maintain herself. Since she withheld salary details and failed to produce recent income records, she was found ineligible for support.
However, the court firmly upheld the maintenance granted to the couple’s minor daughter, stressing that a father’s duty to maintain his child is absolute and unconditional, regardless of marital disputes.
Case Background
Married in 2009, the couple has a daughter born in 2010. After leaving the matrimonial home alleging harassment, the wife sought ?30,000 per month as maintenance (20,000 for herself and 10,000 for the child). The Family Court granted 16,000 per month for the child but denied the wife’s claim, citing her concealment of actual earnings.
Arguments
The wife argued she earned only 10,000 as a temporary teacher while her husband lived lavishly with an income of 60,000–70,000. The husband countered that she suppressed her income facts and that 16,000 for the child was excessive.
High Court’s Findings
The court noted that the wife’s past salary slips and tax returns showed a far higher income than what she claimed. Her failure to provide updated documents weakened her case. On the other hand, the husband admitted to a monthly income of about 58,000, making the child’s maintenance—about one-third of his income—reasonable and necessary for her upbringing.
Verdict
The High Court dismissed both revision petitions, affirming that:
The wife was not entitled to maintenance as she failed to prove financial incapacity.
The child’s maintenance of 16,000 per month stood justified, given the father’s means and obligations.
