New Delhi: Holding that a woman cannot be denied maintenance merely because she is educated, a Delhi court has upheld a trial court order directing a husband to pay Rs. 7,500 per month to his estranged wife and their minor daughter.Dismissing an appeal filed by the husband under the Protection of Women from Domestic Violence Act, additional sessions judge Sheetal Chaudhary Pradhan observed that “the capability to earn and actual earning are two different concepts,” adding that the husband had failed to place any “cogent material” on record to prove that his wife was earning sufficiently to maintain herself.The appeal by Pradeep Kumar, challenged a 2025 trial court order granting interim maintenance to Priya and the couple’s child. The dispute stemmed from allegations of dowry harassment, physical abuse and neglect following the birth of their daughter.Kumar argued that the maintenance amount was excessive and based on an inflated assessment of his income. Claiming unemployment, he contended that the trial court had failed to properly consider the circumstances of the case and alleged that the complaint was filed with the sole motive of dragging him into a “false and frivolous case.”However, rejecting the husband’s plea of unemployment, judge Pradhan held that merely claiming lack of income doesn’t absolve an “able-bodied” and educated man of his moral and legal duty to maintain his wife and child.The appellate court found no illegality or infirmity in the trial court’s order granting monetary relief under the DV Act. Further, taking note of the wife’s condition and the needs of the minor child, the court observed that “an aggrieved person cannot be rendered to lead a life of a destitute till completion of trial.” Additionally, it clarified that the object of interim maintenance is to ensure that a dependent spouse is not reduced to “destitution or vagrancy on account of the failure of the marriage,” and not to punish the other spouse.Concluding the matter, the court underscored that a husband carries a “statutory obligation” to maintain his wife, minor children and dependent parents who are unable to support themselves, reaffirming the legal foundation behind the grant of interim maintenance.
