By Neelanjit Das

Copyright indiatimes

On September 10, 2025, the Delhi High Court rejected a wife’s request for maintenance from her husband. Although she claimed to have a low income, she failed to submit any proof of her income, like salary slips and Form 16. Income Tax GuideIncome Tax Slabs FY 2025-26Income Tax Calculator 2025New Income Tax Bill 2025To summarize the case, the couple got married on November 27, 2009, following all Hindu rituals and ceremonies. On August 28, 2010, a child was born. According to the wife, she faced ongoing harrassment – physically, mentally, and financially – at his hands and her in-laws ever since they got married. In her statement, she said that this continuous harassment forced her to leave their matrimonial home and rely on her mother for sustenance. Consequently, she filed a petition under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance of Rs 30,000 (Rs 20,000 for herself and Rs 10,000 for her minor child) from her husband, asserting that he was earning about Rs 55,000 per month.The wife said she works as a temporary teacher in a government school in Uttar Pradesh, earning Rs 10,000, but her income tax return (ITR) showed she had declared an income of Rs 4 lakh. She was demanding Rs 20,000 maintenance payment for herself and Rs 10,000 for their minor child. The Family Court partially granted her maintenance request for the minor child, ordering the husband to pay Rs 16,000 monthly until the child gets married or can support herself. However, the wife was denied maintenance for herself. Shortly after, she filed an appeal in Delhi High Court.In the Delhi High Court, the wife said that she earns a meagre salary of Rs 10,000 per month, out of which she pays Rs 5,000 per month as rent for her accommodation, whereas the husband earns Rs 60,000–70,000 per month and leads a luxurious life. The husband, who is employed by Indian Railways, said in the Delhi High Court that she has suppressed material facts regarding her real income from the Court. He also argued that she left the matrimonial home on her own without any reasonable cause, which means she shouldn’t be entitled to maintenance.Also read: Post divorce, father told to pay Rs 10 lakh for wedding of daughter staying with motherDelhi High Court said this about maintenance claim of wifeJustice Swarana Kanta Sharma, Delhi High Court said in this order (CRL. REV. P. 428 OF 2024 & CRL.M.A.9849/2024 ) dated September 10, 2025 said that in so far as the wife’s claim for maintenance is concerned, it emerges that she had admitted in her cross-examination that she is employed in the Education Department though on a temporary basis.Also read: Spouse, who hid details of past marriage has committed fraud; rules Delhi High Court and annuls marriage She further admitted that her salary slip of December 2016 reflected her salary as Rs 33,052 and her income tax return (ITR) for the year 2017-2018 also disclosed an annual income of Rs 4,00,724, though it is her case that thereafter, her services were terminated by way of judgment dated July 25, 2017 passed by the Supreme Court, after which she was working on a temporary basis.Also read: Husband files for divorce from wife citing her mental illness started much before marriage; High Court denies divorce on this ground While she claimed that her current salary is only Rs 10,000 per month, she failed to produce any recent salary slip or Form-16 to substantiate the same, and thus, no recent salary certificate was placed before the learned Family Court despite opportunities given by the learned Trial Court. She also did not offer any plausible explanation in the evidence for withholding recent salary details.Also read: Grandmother gave him Rs 10 lakh and created gift deed but income tax dept issued him notice; grandson partly wins case in ITAT Pune due to this reasonThe Delhi High Court said that the family court has rightly reached to a conclusion that such omission, without any cogent explanation, casts a doubt on the genuineness of her claim and justifies an adverse inference against her.Also read: Wife’s four gold bangles of 998 purity seized by customs dept; she wins the case in Delhi High Court due to this reason The Delhi High Court said that the Family Court, therefore, rightly held that the wife had concealed her actual income and withheld the most relevant documents which alone could establish her present financial incapacity.Also read: EPS 95 Pension: Madras HC allows higher EPS pension for post-Sept 1, 2014 retirees under this condition Delhi High Court said: “This Court concurs with that view, as the primary ingredient for grant of maintenance to a wife under Section 125 Cr.P.C. – i.e. her inability to maintain herself – has not been satisfactorily proved, in absence of clear and reliable evidence of financial hardship, the claim of the wife becomes speculative and cannot be sustained.”Also read: He sold ancestral land for Rs 1 crore but in ITR showed only Rs 2.45 lakh income; Wins case in ITAT Chennai due to this reasonDelhi High Court said this about child maintenanceThe Delhi High Court said that in so far as the minor child’s claim is concerned, the law is settled that a child’s right to maintenance is independent of the disputes between her parents, and the father is bound to maintain the children.Also read: Husband bought property for Rs 60 lakh jointly with wife; Income tax dept sent her notice for unexplained investments; she wins case in ITAT Delhi In the present case, the husband has admitted that he is working with the Northern Railways, drawing a salary of Rs 56,200 per month apart from nominal agricultural income, making his monthly income around Rs 58,000. Against this, the Family Court directed him to pay Rs 16,000 per month towards the maintenance of his daughter. The Delhi High Court said that this aforesaid amount (Rs 16,000), constituting roughly one-third of the husband’s income, cannot be termed excessive. On the contrary, it commensurate with his means and the necessary financial support required to meet the educational, medical, and other day-to-day requirements of a growing child. Importantly, no material has been placed on record to show that the husband is saddled with any other significant liabilities which would render this amount onerous.Also read: He got Rs 89 lakh as gift from relatives; Tax dept doubted its genuineness, but ITAT Mumbai ruled in his favour: Here’s why Delhi High Court said: “Therefore, the Family Court’s award of maintenance to the child is just and reasonable, This Court finds no infirmity in that determination.”Judgement: “The reasoning recorded by the Family Court does not suffer from any perversity or illegality so as to warrant interference in these revision petitions. Accordingly, both the petitions, alongwith pending applications, if any, are dismissed.”