Jagran correspondent, New Delhi. Delhi High Court said that while granting interim maintenance, it cannot be assumed that the wife is earning or capable of meeting her expenses. The bench of Justice Swarn Kanta Sharma said that the woman has studied only till class 11th and the husband's mere claim without any proof cannot be of any help at this stage. The bench said that the court is of the opinion that for the purpose of granting interim maintenance, the petitioner-wife cannot be considered as earning or capable of supporting herself.
Could not present any document
The court made the above remarks while hearing a petition by a woman challenging the decision of the family court. The family court had ordered the woman to pay interim maintenance of Rs 2,500 per month. The husband claimed that the petitioner wife was working as a nursery teacher, but he did not produce any documentary evidence on record.
In 2022, in-laws throw woman out of the house
In March 2024, on the woman's petition, the family court had ordered an interim maintenance of Rs 2,500 per month under Section 125 of the Criminal Procedure Code (orders for maintenance of wives, children and parents). The two were married as per Muslim rituals in June 2021 and the wife claimed that soon after she faced cruelty at her in-laws' house over dowry demands and was thrown out of the house in 2022.
Increase in interim maintenance on the basis of minimum wage
The woman said that Rs 2,500 per month is inadequate and insufficient. However, the court found that the reported income was less than the minimum wage for a skilled person. The court said that the husband's income should be assessed on the basis of minimum wages, which for him was Rs 13,200 and the interim maintenance should be increased accordingly.
Also directed to pay maintenance dues
Along with this, the court ordered the maintenance of the woman at Rs 3,500 per month. The court took on record that the woman's husband was living in Uttar Pradesh and the minimum wage applicable to a skilled person there was around Rs 13,200 per month. Along with this, the court also directed the husband to pay the maintenance dues within three months.
Also read- 'Government should make a welfare scheme for advocates' clerks', Delhi High Court gave instructions