The Delhi High Court has modified an earlier order directing a Shahdara-based man to pay interim maintenance for his three children, reducing the amount from ₹30,000 to ₹25,000 per month. The Court held that despite the mother being employed, the father cannot avoid his legal and moral obligations towards the children.
Background of the Case
The couple, married in 2014, has three minor children aged 11, 7 and 5. After disputes and allegations of harassment, the wife approached the Trial Court under the Protection of Women from Domestic Violence Act, 2005. The Trial Court ordered ₹30,000 monthly maintenance, later upheld by the Sessions Court. The husband challenged this before the High Court, claiming he earned only ₹9,000 per month as a pharmacist.
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However, bank statements, income tax returns, and his educational qualifications painted a different picture. The Court found his disclosures “inconsistent” and “not inspiring confidence”.
Arguments in Court
The husband argued:
- He earns only ₹9,000 per month.
- The wife earns around ₹34,000 and should contribute more.
- He had been “debarred” by his parents and was living separately.
The wife countered that:
- She is not seeking maintenance for herself only for the children.
- The husband continues to work in a pharmacy owned by his mother.
- His financial claims were crafted to avoid responsibility.
Court Observations
Justice Sharma noted that the husband holds an MBA and pharmacy diploma, and previously disclosed annual incomes between ₹4.5–₹5 lakh, contradicting his claim of reduced income. The Court remarked that an able-bodied man cannot hide behind technicalities:
“An able-bodied husband must be presumed capable of earning. He cannot shirk responsibility by projecting an income of ₹9,000 per month.”
On shared parenting duties, the Court added:
“Maintenance is not charity. It is recognition of shared parental responsibility and the child’s right to be supported.”
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Final Decision
Concluding that the mother was already bearing a dual burden working and raising three children alone the Court reduced but affirmed the obligation:
- Maintenance reduced: ₹30,000 → ₹25,000 per month
- Effective from: date of filing of petition
- Reason: equitable contribution based on earning capacity
The revision petition was disposed of, with a clarification that this conclusion applies only to interim maintenance, not final trial outcome.
