Wife not disclosing true income not entitled to maintenance

The Delhi High Court has observed that a wife  who is highly qualified  and  has been earning even after her marriage but not disclosing true income is not entitled to maintenance.

The Delhi High Court in this case upheld the order of the Family Court and dismissed the wife's application for maintenance u/s 24 of the Hindu Marriage Act, 1955

The wife had sought interim maintenance of Rs.35,000 per month in addition to litigation expenses of Rs.55,000.

It was observed that the wife was M. Phil at the time of her marriage and had completed Ph.D (Management) with professional qualification in Computers, whereas the husband was a simple graduate.

The Bench agreed with the decision of the Family Court that the appellant not only is a highly qualified lady, but has been working even at the time of her marriage and thereafter.

The court said that there is no doubt a difference between “capacity” and “actual earning”, but it was not a case where the wife had only the capacity but was also working.


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