In a significant order, the Family Court at Dwarka declined to grant interim maintenance to a working wife earning over ₹1 lakh per month and instead directed the husband to pay ₹12,000 per month only towards the maintenance of their minor daughter.
The dispute arose from a matrimonial case filed by the wife, who alleged cruelty and claimed that her husband was earning more than ₹2.5 lakh per month through his businesses. We opposed the application, contending that the wife is a qualified Chartered Accountant employed with a private bank and is financially independent. We also asserted that respondents businesses had closed and denied having the income alleged by the wife.
While deciding the application, the Family Court observed that the wife had not disclosed her qualifications, employment or salary in the petition and held that such non-disclosure warranted an adverse inference. Referring to the Supreme Court’s decision in Rajnesh v. Neha, the Court reiterated that parties seeking maintenance must make complete and truthful financial disclosures.
The Court further noted that no reliable documentary evidence had been produced to establish the husband’s alleged income and that both parties appeared to have concealed aspects of their financial status, which could only be determined during trial.
The court held that the Petitioners has claimed a sum of Rs. 45,000 for her daughter and such claim is seems tio be on much higher side and further the Court also emphasised that a father cannot escape his legal obligation to contribute towards the upbringing of his minor child, irrespective of whether the mother is earning.
Accordingly, the Court awarded interim maintenance of ₹12,000 per month for the minor child from the date of filing of the application until disposal of the main case, while declining any interim maintenance to the wife.