The Delhi High Court held that a wife is not entitled to interim maintenance (pendente lite) under Section 24 of the Hindu Marriage Act, 1955 for any period during which she was gainfully employed and earning an independent income. Modifying a Family Court order, the Bench restricted the monthly interim maintenance of ₹5,000 to apply only from the date she became unemployed.
Case Name: B v. N
Bench & Panel: Division Bench — Justice Vivek Chaudhary and Justice Renu Bhatnagar
Court: High Court of Delhi
Date of Order: September 20, 2026
Appellant (Husband) Representation: Advocate Prakash Chandra
Parties & Their Background
- Appellant (Husband): Working as an operator at his father’s photostat shop.
- Respondent (Wife): Married on October 25, 2015; living separately since November 2020. She instituted divorce proceedings on grounds of cruelty and sought interim maintenance for herself and her daughter.
- Nature of Suit: Matrimonial appeal challenging an interim maintenance order passed under Section 24 of the Hindu Marriage Act, 1955 (HMA).
Main Issue
Is a wife entitled to claim interim maintenance from her husband for a period during which she was gainfully employed and earning her own income?
In-Depth Factual Background & Litigation History
- Family Court Order: The Family Court granted the wife’s application under Section 24 of the HMA, directing the husband to pay interim maintenance of ₹5,000 per month from the date of filing (January 8, 2021) until the disposal of the main divorce petition.
- Husband’s Appeal: The husband challenged the order before the Delhi High Court, arguing:
- Wife’s Income & Capacity: The wife was financially independent and actively earning as a sales helper at a Bata showroom. She had also previously stated in a proceeding under the Guardians and Wards Act that she was capable of supporting herself and her child.
- Disputed Income: The Family Court assessed his income at ₹22,000 per month based on Delhi minimum wage norms, whereas he claimed to earn only ₹16,500 per month in Haryana, producing a salary certificate from his father’s photostat shop.
- Wife’s Disclosure: In her affidavit, the wife admitted working part-time at a Bata showroom for ₹7,000 per month from January 2021 until June 2024, after which she was relieved of her duties due to overstaffing.
Legal Reasoning & Analysis of the High Court
The Division Bench modified the Family Court’s order, partially allowing the husband’s appeal.
Key Legal Findings
- No Maintenance During Gainful Employment:
- Section 24 of the HMA is intended to provide support to a spouse who lacks sufficient independent income for their support and necessary expenses during litigation.
- Since the wife admitted to being employed from January 8, 2021, to June 30, 2024, she had independent means of sustenance during that timeframe and was legally disentitled from claiming interim maintenance for those months.
- Entitlement Commences Upon Unemployment:
- The Court observed that from July 1, 2024, onwards, following her job termination, she became unemployed with no independent income.
- Thus, the interim maintenance award of ₹5,000 per month was directed to take effect only from July 1, 2024.
- Rejection of Unsubstantiated Salary Certificate:
- The High Court upheld the Family Court’s assessment of the husband’s monthly income at ₹22,000.
- It rejected the salary certificate showing ₹16,500, noting that a certificate issued by one’s own father, without supporting bank statements or objective documentary proof, carries no evidentiary value. Minimum wage guidelines between Delhi and Haryana are broadly comparable.
Ratio Decidendi
Binding Principle: Under Section 24 of the Hindu Marriage Act, 1955, interim maintenance (pendente lite) cannot be awarded retrospectively for periods during which the applicant spouse was gainfully employed and had an independent income sufficient to maintain themselves. Interim maintenance becomes payable only from the date the spouse is proven to be without independent financial support.
Key Legal Concepts Simplified
- Section 24, Hindu Marriage Act, 1955 (Pendente Lite Maintenance): A provision allowing either spouse to apply for temporary financial support and litigation expenses during the pendency of a matrimonial case, provided they have no independent income sufficient for their support.
- Affidavit of Assets and Liabilities: A mandatory court disclosure where both spouses must transparently declare their income, employment history, assets, and monthly expenses to help the court accurately determine maintenance amounts.
- Minimum Wage Assessment: When a party fails to produce transparent, credible evidence of their exact earnings, courts often estimate income based on official state minimum wage notifications for skilled/unskilled workers.
Final Outcome & Verdict
- Appeal Allowed in Part: The Delhi High Court modified the Family Court order.
- Effective Date Modified: The husband is required to pay ₹5,000 per month as interim maintenance starting July 1, 2024, instead of January 8, 2021. The wife was denied interim maintenance for the prior period (January 2021 – June 2024) during which she was employed.