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Wife Employed Cannot Claim for That Period:
The has ruled that a wife who is employed and earning cannot claim under for the duration of her employment. A Division Bench of Justice Vivek Chaudhary and Justice Renu Bhatnagar partly allowed an appeal by the husband, modifying a order that had directed payment of ₹5,000 per month from January 2021.
Maintenance Not for Period of Employment
The court held that the wife, who worked at a Bata showroom from to , was not entitled to maintenance for the period she was earning. The order stated: “She is not entitled to the with effect from the date of filing of her application, i.e., up till .” Consequently, the maintenance of ₹5,000 per month was made payable only from , when she became unemployed.
Income Assessment Upheld
The husband had challenged the ’s assessment of his income at ₹22,000 per month, arguing that he earned only ₹16,500 at his father’s photostat shop in Jagadhari, Haryana, and that the Delhi minimum wage notification should not apply. The High Court rejected this, noting that minimum wages in Haryana are broadly similar, and the salary certificate from his father lacked supporting evidence. “Mathematical precision is secondary as the provision aims at delivering justice to the aggrieved party which has no financial support,” the Bench observed, citing the ’s decision in .
Precedents on Income Guesswork
The court relied on and to affirm that income assessment in maintenance proceedings often involves conjecture when parties conceal true earnings. The Bench noted that the husband failed to produce credible proof of lower income, and the ’s approach was just and reasonable.
Final Order Modified
The appeal was allowed to the extent that the maintenance period was modified. The husband must pay ₹5,000 per month from , until the disposal of the divorce petition, while other terms of the order remain unchanged. The decision reinforces that is intended to support a spouse who lacks independent income, not to supplement existing earnings.
