Delhi court orders husband to pay Rs 5 lakh monthly maintenance to wife after 13 months of marriage

A Delhi family court has directed a man to pay Rs 5 lakh per month as interim maintenance to his wife, making it clear that financial support after separation is about dignity, not mere survival. The court observed that “sustenance does not mean leading the life of an animal or being reduced to an unperson” and stressed that “maintenance goes beyond bare subsistence.” It said a wife must be able to live with dignity, in line with the social status she enjoyed in her husband’s home, a TOI report stated.

The court also rejected the husband’s claim that his stay in Dubai should shield him from the obligation, holding that an “able-bodied husband” cannot escape his statutory duty to maintain his wife or push her into financial distress.

What the court said on dignity and maintenance

The observations came from family court judge Devender Kumar Garg while deciding an application for interim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court reiterated that the objective of maintenance law is to secure a woman’s “dignified existence” after separation, consistent with the lifestyle she was accustomed to during the marriage.


The judge underlined that maintenance is not a token amount for survival but a legal mechanism to ensure respect, stability and dignity.

Husband’s objections before the court

Opposing the plea, the husband’s counsel argued that the application itself was not maintainable under the statute. The defence claimed that the wife was well educated, professionally qualified and capable of earning.

It was further alleged that she had concealed details of her education and income, that the marriage lasted only 13 months, and that she had voluntarily left the matrimonial home without sufficient cause. The counsel also argued that the demand of Rs 8 lakh per month was excessive and unsupported by detailed expenses, especially as the couple had no children.

Wife’s reply: ability to work is not the same as working

Rejecting these claims, the wife’s counsel told the court that being capable of employment and being actually employed were “distinct concepts.” It was argued that although she was employed before marriage, she was currently unable to maintain herself.

The counsel submitted that she was dependent on her family for daily expenses after leaving the matrimonial home due to alleged cruelty. Emphasising the principle of dignified living, it was argued that the husband, a man of substantial means, was legally bound to maintain the same standard of living for his wife as she enjoyed before separation.

Dubai income claim and missing documents

The court noted that the husband claimed a monthly income of AED 40,000 in his affidavit of assets and liabilities. However, he failed to submit bank statements and VAT returns despite repeated directions.

Due to the absence of these documents, the court said an adverse inference had to be drawn. It added that it was compelled to undertake “guesswork” while assessing his income. The judge also rejected the argument that living in Dubai, “where the cost of living is higher,” could be a valid reason to avoid paying maintenance.

Why Rs 5 lakh per month was fixed

After considering the material on record, the husband’s earning capacity, his lifestyle and the fact that he had no other dependants, the court held that Rs 5 lakh per month was a reasonable amount as interim maintenance.

(Source: TOI)