The Delhi High Court has stepped in to provide enhanced financial relief to a woman, increasing the interim maintenance she receives from her estranged husband. The court firmly stated that a mere claim of the wife being employed cannot be accepted without concrete proof.
Court Rejects Unsubstantiated Claims of Wife's Earnings
Justice Swarana Kanta Sharma, while passing a recent order, dealt with a plea filed by the woman challenging a family court's earlier decision. The family court had granted her a monthly interim maintenance of only Rs 2,500. The husband had opposed her plea, arguing that she worked as a nursery teacher and was therefore capable of supporting herself financially.
However, the High Court took a strict view of this argument. It noted a critical flaw: the husband failed to submit any documentary evidence to back his claim about his wife's supposed income. The court emphasized that in the absence of such proof, it could not simply presume she was earning.
Wife's Allegations About Husband's Income
In her submission before the court, the wife presented a detailed picture of her husband's financial situation. She argued that he was a graduate employed as a teacher in a private school, with a monthly salary of approximately Rs 25,000.
Her allegations did not stop there. She further claimed that her husband supplemented his income through multiple sources:
- Giving private tuitions, earning an additional Rs 15,000 per month.
- Running a grocery shop.
- Earning a rental income of about Rs 30,000 every month.
The High Court also observed that the husband had not filed his complete bank account statements, which could have provided a clearer picture of his true earnings.
The Outcome: Enhanced Maintenance and a Legal Principle
After considering the arguments and the lack of evidence from the husband's side, Justice Sharma's bench decided to enhance the interim maintenance payable to the woman. The amount was increased from Rs 2,500 to Rs 3,500 per month.
This order reinforces a significant legal principle in maintenance cases: claims about a spouse's income must be substantiated with documentary proof. The burden of proof lies with the party making the assertion. The Delhi High Court's decision underscores that courts will not make assumptions about earnings without proper evidence on record, ensuring a fairer assessment for interim relief.
