Wife Can't Be Denied Maintenance Merely Because She Filed Application After Husband's Divorce Plea: Delhi High Court

The Delhi High Court has said that a wife cannot be denied maintenance merely because she files an application for such a relief only after the husband files a divorce petition.

A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar was dealing with a wife's plea challenging a family court order declining to grant her maintenance pendente lite but granted Rs. 25,000 per month for the minor child.

The parties got married in 2009. Prior to marriage, the wife worked for three and a half years and migrated to Singapore, where she worked for some time. However, she did not work after giving birth to the child.

She returned to India after four months of the birth of the child. Then, the husband was working in Singapore, approximately Rs. 10 lakhs per month.

In the impugned order, the Family Court concluded that the wife was not entitled to maintenance because she did not want to work and because she was capable of working, she was not entitled to maintenance.

Disposing of the plea, the Bench concluded that the conclusion drawn by the Family Court is not correct, particularly when the wife was taking care of the daughter and there was no material to show that after returning from Singapore, she had opportunity to work but declined.

“The role of the mother of a newly born child is significantly important because the child needs love, care and constant supervision on the part of one of the parent. The Appellant took care of child single-handedly,” the Court said.

It added that the wife may have worked before her marriage but there was no material to prove that she refused to work despite opportunity or she resigned from the job though she was getting a good salary.

The Court said that in absence of such a situation, the wife should not have been denied the maintenance.

“Likewise, the submission that the Appellant (wife) filed application only after the Respondent (husband) filed Petition seeking divorce, cannot be a valid ground to deny maintenance, particularly in view of the fact that application under Section 24 of the HMA, is maintainable during the pendency of the Petition,” the Court said.

Noting that the husband was earning approximately Rs. 10 lakhs per month, the Court directed him o pay maintenance pendente lite at Rs. 2 lakhs per month for both the wife and the child.

“The maintenance amount shall be payable from the date of application,” it said.

Title: SG v. DG

Citation: 2025 LiveLaw (Del) 1077

Click here to read order