The Delhi High Court, in an order dated May 13, 2025, directed a man—who claims to earn Rs 15,000 per month—to pay Rs 12,000 every month as interim maintenance to his estranged wife and minor child. The amount is to be paid by the 10th of every month, with Rs 7,500 to the wife and Rs 4,500 to the child.
The court made it clear that this interim arrangement will continue until the family court verifies the income tax returns (ITRs) and bank statements of both parties, which may later determine the final maintenance amount.
The man, a practicing lawyer at the Punjab and Haryana High Court since 2010, married a government school teacher in January 2016. The couple separated in July 2017, just 18 months into the marriage.
In court, the husband alleged that his wife had previously earned Rs 40,000 to Rs 45,000 as a Delhi government teacher but voluntarily chose to remain unemployed while seeking maintenance from him. He also argued that the Delhi Government covers most educational expenses for the child, including tuition and books.
However, the wife’s legal counsel countered that she had resigned from her job to care for their minor child, citing a lack of family support and the unavailability of employment near her residence. Her lawyers also claimed that the husband has undisclosed rental income from multiple properties.
The Delhi High Court, after reviewing submissions and available documents, observed that in such cases, caregiving responsibilities often limit the custodial parent’s ability to pursue full-time work. The court stated that a mother’s decision to leave her job cannot be viewed as a voluntary choice when childcare becomes the overriding priority.
In this context, the court upheld that the cessation of employment by the wife was necessitated by her caregiving duties and not an attempt to avoid work. The court’s interim maintenance order reflects this understanding while awaiting financial document verification by the family court.