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Delhi High Court ruled a wife cannot be denied maintenance due to her earnings, raising her amount to Rs 1,50,000 monthly, citing disparity with her husband’s Rs 1.5 crore income.
The Respondent-husband contended that the object of Section 24 is not to create an “army of idle persons” (Representative)
The Delhi High Court on Wednesday ruled that a wife cannot be denied maintenance merely because she is highly qualified, employed, and is earning well.
A division bench of Justices Navin Chawla and Renu Bhatnagar observed that the provision, maintained under Section 24 of the Hindu Marriage Act, 1955, aims to ensure parity in the lifestyle of the spouses, so that the financially weaker spouse is not prejudiced by the economic advantage of the other, Livelaw reported.
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The bench granted the increase in maintenance amount from Rs 35,000 to Rs 1,50,000 per month, to an Assistant Professor of Delhi University, earning over Rs 1,00,000 a month, citing “stark” disparity with the husband’s income, which exceeds Rs 1.5 crore as per his ITRs, the report added.
Earlier, the Family Court had denied the wife’s request for maintenance; it did award the couple’s daughter, who lives with her mother, Rs 35,000 per month.
However, the wife appealed the decision, with the High Court ruling that the Family Court made an error. It stated that the Family Court should have considered the significant difference in the spouses’ financial situations and not simply dismissed the wife’s claim because she is earning.
“The financial self-sufficiency of the wife must be assessed not in absolute terms but relative to the standard of living maintained during the marriage. The objective of Section 24 of the HMA is to ensure that neither spouse suffers economic hardship or social disadvantage due to the breakdown of the marital relationship,” the bench observed.
The husband argued that the purpose of Section 24 of the Hindu Marriage Act isn’t to create an “army of idle persons” or to allow a spouse to live extravagantly at the other’s expense.
However, the High Court disagreed, stating that the primary factor in determining maintenance is not simply whether the wife can earn, but whether her income is enough to maintain the same standard of living she had while married.
About the Author
Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben…Read More
Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben… Read More
September 10, 2025, 20:31 IST
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