The Delhi High Court has reduced the interim maintenance payable to a woman from Rs 1 lakh per month to Rs 15,000 per month following the termination of her estranged husband’s employment at Air India, while ruling that a wife’s professional qualification and capacity to earn cannot be treated as actual income.
In a July 30 order, Justice Madhu Jain disposed of cross-revision petitions filed by both spouses, refusing the wife’s plea to raise the maintenance amount to Rs 3.38 lakh per month and rejecting the husband’s challenge to the original Rs 1 lakh monthly payout for the period he was earning a substantial salary.
Earning Capacity Versus Actual Income
Addressing the wife’s educational background, the court observed that holding a professional degree, such as a B.Tech in Telecommunications, does not automatically mean a person is earning an income. The bench noted that directing an unemployed spouse to make genuine efforts to obtain suitable employment falls within judicial discretion, but requiring such effort does not automatically disqualify her from receiving interim support.
The court emphasized that while a party may be expected to look for work, earning capacity is not equivalent to actual earnings. Consequently, the high court maintained the Rs 1 lakh monthly interim maintenance for the timeframe during which the husband received his full salary from the airline.
Financial Changes And Child Maintenance
The court determined that a prospective reduction in maintenance was necessary due to significant changes in the husband’s financial situation. Salary records indicated that the man was removed from flying duties in September 2019, received no salary for July 2020, stopped receiving salary altogether after November 2020, and had his services officially terminated by Air India in April 2022.
Justice Jain pointed out that subsequent changes in employment or income do not make an earlier maintenance order illegal from its inception, but they do warrant prospective financial adjustments. The court fixed the reduced interim maintenance at Rs 15,000 per month for the period following the termination of his employment.
Additionally, the bench noted that the couple’s minor son resides with and is supported by the father. The court clarified that expenses incurred for the child’s care cannot be factored into the wife’s personal maintenance calculation.
Case Background And Legal Proceedings
The couple married under Hindu rites in May 2010 and separated in January 2019. Following the separation, the wife initiated proceedings under the Protection of Women from Domestic Violence Act, requesting Rs 3.38 lakh per month as interim maintenance for herself and her child.
In May 2019, a trial court initially granted Rs 35,000 per month. After an appellate order sent the matter back for fresh consideration in February 2020, the trial court in September 2020 reassessed the husband’s monthly income at approximately Rs 4 lakh to Rs 5 lakh based on salary records, awarding the wife Rs 1 lakh per month from the date of her initial application.
An appellate court upheld the Rs 1 lakh award in October 2021 while directing the wife to make efforts to secure employment within one year. Both parties subsequently approached the high court.
During the high court proceedings, the wife, who appeared in person, argued that the Rs 1 lakh allowance was inadequate given the standard of living during the marriage and Form-16 income records, alleging that her husband had concealed income and failed to comply with payment orders. Representing the husband, advocates Ajit Kumar and Shivam Singh submitted that the initial income assessment was flawed, noting that the wife resides with her family in a flat owned by the husband and that he bears all expenses for their minor son.
