21 hrs ago
Delhi High Court Upholds Rs 75,000 Family Maintenance
A court in Delhi decided that a husband must temporarily pay Rs 75,000 each month to his wife and young son.
The money is split equally between them.
The husband said the amount was too high because he has other expenses and a housing loan.
He also said his wife could earn money through teaching and private tuition.
The court said there was no proof that she was earning from private tuition.
It also noted that the husband had not shown documents proving his housing-loan liability.
The judges said maintenance helps families meet basic needs and live with dignity.
The court made clear that this is only an interim decision, and the final amount can change after more evidence is presented.
The Delhi High Court upheld interim maintenance of Rs 75,000 monthly for a wife and her minor son.
The amount is divided equally, with Rs 37,500 allocated to each recipient.
The husband reportedly earned about Rs 32-35 lakh annually and argued the payment was excessive.
The court said maintenance protects the family from destitution and supports basic sustenance and dignity.
The court said final income, liabilities, earning capacity and maintenance entitlement will be decided during proceedings.
- Who
- The Delhi High Court, a husband, his estranged wife and their minor son.
- What
- The court upheld an interim maintenance order requiring the husband to pay Rs 75,000 per month.
- Where
- Delhi, in proceedings before the Delhi High Court and a family court.
- When
- The High Court passed its order on September 1; the couple began living separately on June 10, 2025.
- Why
- The court found the amount was not excessive in light of the wife’s and child’s needs and the husband’s means, while seeking to prevent destitution.
Court and Wife’s Position
Husband’s Position
Whether the amount was excessive
Court and Wife’s Position
The court held that Rs 75,000 per month for the wife and minor son was not excessive or disproportionate given the circumstances.
Husband’s Position
The husband argued that the payment represented about half of his income and was excessive.
Wife’s ability to earn
Court and Wife’s Position
The court found no evidence on record proving that the wife was earning through private tuition.
Husband’s Position
The husband said his wife was a qualified teacher who had worked at a school and was currently earning through private tuitions.
Financial obligations
Court and Wife’s Position
The family court considered the husband’s obligation to his parents and deducted Rs 50,000 per month when determining maintenance; the High Court noted that the housing-loan claim lacked supporting documents.
Husband’s Position
The husband argued that his housing loan, dependent parents and necessary personal expenses had not been properly considered.
Key facts
- Monthly maintenance
- Rs 75,000 for the wife and minor son
- Allocation
- Rs 37,500 each for the wife and son
- Husband’s reported annual income
- Approximately Rs 32-35 lakh
- Family court income assessment
- The husband’s monthly income was estimated at Rs 2 lakh
- Marriage
- The couple married in April 2019
- Child’s birth
- Their son was born in September 2023
- Separation
- The couple began living separately on June 10, 2025
- Legal basis cited
- Section 125 of the Code of Criminal Procedure, concerning monthly maintenance
Quotes
Delhi High Court
The court issuing the interim maintenance ruling through Justice Prateek Jalan.
“It is well settled that the object of Section 125 (monthly maintenance) CrPC is to prevent destitution of the wife and children. The provision is intended to secure the basic sustenance and dignity of the wife and children and to ensure that a husband does not evade his moral and familial obligation to maintain them despite having sufficient means to do so.”
indianexpress.com
“Considering that the maintenance is awarded for the wife, as well as the minor child, the amount of Rs 75,000 per month cannot, in the circumstances, be said to be excessive or disproportionate.”
indianexpress.com
Sources
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