When No maintenance will be granted by courts to the wife:

No Maintenance to wife by court

Highly Qualified And Earning Wife Not Disclosing Her True Income Won’t Be Entitled To Maintenance From Husband: Delhi High Court

No Maintenance to wife by court

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income.

While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said:

“We find that in the present case it is not only that the appellant is highly qualified and has an earning capacity, but in fact she has been earning, though has not been inclined to truthfully disclose her true income. Such a person cannot be held entitled to maintenance.”

The court added, “Pertinently, the claim for maintenance by the appellant under the provisions of Protection of Women against Domestic Violence Act has also met the same fate and the maintenance has been declined to her. We, therefore, find no merit in the Appeal which is hereby dismissed.”

 

We on the facts as narrated above, agree with the conclusions of the learned Principal Judge, Family Courts that the appellant not only is a highly qualified lady, but has been working even at the time of her marriage and thereafter. The documents and the admissions made by the appellant clearly lead to an irresistible conclusion that she is employed in the office of the M.P.,” the bench said.