‘Maintenance amount to wife cannot exceed half of income’; know Delhi HC’s ITR ruling

The Delhi High Court has revised a Family Court’s maintenance order, reducing the amount payable by a husband to his estranged wife from Rs 25,000 to Rs 17,000 per month.

According to Law Trend report, Justice Swarana Kanta Sharma, hearing a revision petition against the February 28, 2024 decision of the Family Court (North-East), held that while the man’s Income Tax Return (ITR) for AY 2018–19 was the proper basis for calculating his income, directing him to pay more than half of his earnings as maintenance was disproportionate.

Case Background

The couple married on July 13, 2016. In March 2020, the wife moved a petition under Section 125 CrPC seeking Rs 75,000 per month, alleging dowry harassment, mistreatment, and claiming she had been ousted from the matrimonial home in October 2018. She further alleged that the husband earned about Rs 1.5 lakh per month from a jeans manufacturing unit.

The husband disputed these allegations, saying the wife left on her own and asserting that his financial capacity was limited. The Family Court initially awarded Rs 14,000 per month as interim relief in August 2021 before enhancing it to Rs 25,000 after the conclusion of evidence.

Arguments Presented

The husband’s counsel argued that raising maintenance from Rs 14,000 to Rs 25,000 lacked justification, stressing that the Family Court relied on the ITR for AY 2018–19, which reflected an annual income of around Rs 5.18 lakh (roughly Rs 43,000 monthly). Counsel submitted that the business had since closed and later ITRs showed reduced earnings.

The wife’s counsel countered that the husband had intentionally produced an unreadable bank statement to hide his true financial status and claimed that the declining income in subsequent ITRs was manipulated to avoid paying a higher amount.
High Court’s Findings

The Court agreed with the Family Court’s decision to treat the AY 2018–19 ITR as the reliable benchmark, noting the husband had admitted its authenticity during cross-examination. It dismissed reliance on later ITRs and salary documents, observing that they lacked credibility and that the husband failed to substantiate claims of reduced income or additional financial liabilities.

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Consequently, the Court recalibrated the maintenance to Rs 17,000 per month, holding that this amount was aligned with the husband’s proven income and avoided imposing an excessive burden.