New Delhi: A Delhi court has directed a man to pay Rs 5 lakh per month as interim maintenance to his wife, observing that “sustenance does not mean leading the life of an animal or being reduced to an unperson.” Emphasising that “maintenance goes beyond bare subsistence”, the court said it must ensure that a wife is able to live with dignity, in keeping with the status and social standing she enjoyed in her husband’s home. Dismissing the husband’s objections, including his claim of residing in Dubai, the court held that an “able-bodied husband” cannot evade his statutory obligation to maintain his wife or allow her to be pushed into financial distress. The observations were made by 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 purpose of maintenance law is to secure a woman’s “dignified existence” after separation, consistent with the lifestyle she was accustomed to during the marriage. Opposing the plea, the husband’s counsel argued that the application was not maintainable under the statute and 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details of her education and income, that the marriage had lasted only 13 months, and that she had voluntarily withdrawn from the matrimonial home without sufficient cause. The defence also contended that the demand of Rs 8 lakh per month was excessive and unsupported by particulars of expenditure, especially as the couple had no children. Rejecting these submissions, the wife’s counsel argued that being capable of employment and being actually employed were “distinct concepts.” It was submitted that although she was employed prior to marriage, she was presently unable to maintain herself and was dependent on her family for daily expenses after leaving the matrimonial home due to alleged cruelty. Stressing 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. The court noted that while the husband claimed a monthly income of AED 40,000 in his affidavit of assets and liabilities, he failed to place his bank statements and VAT returns on record despite repeated directions. In the absence of these documents, the court said an adverse inference had to be drawn and that it was compelled to undertake “guesswork” while assessing his income. The court also rejected the husband’s objections, including his argument that living in Dubai, “where the cost of living is higher”, should exempt him from paying maintenance.Considering the material on record, the husband’s earning capacity, lifestyle and the fact that he had no other dependants, the court held that Rs 5 lakh per month was a reasonable amount to be awarded as interim maintenance.
