The Delhi High Court has held that merely possessing a degree, as of graduation, cannot be used to presume that an individual, particularly a wife, is intentionally not working with the sole intent of claiming interim maintenance from their spouse, especially when they have never been employed in the past.
The court was handling cross-appeals from a husband and wife challenging a family court order, directing the husband to pay the wife Rs 25,000 per month as pendente-lite maintenance.
The wife sought an increase in maintenance, while the husband sought its reduction and the setting aside of penalties imposed on him for not disclosing his actual income.
The court found that the wife, despite having a B.Sc. degree, had never been employed, while the husband was a practicing advocate, and concluded that the wife’s degree should not lead to the presumption that she should be compelled to work, nor should it be presumed that she was intentionally not working to claim maintenance.
While upholding the maintenance amount, the court set aside penalties imposed on the husband for delayed payment of maintenance and litigation costs, finding them excessive compared to the maintenance relief granted. It directed interest to be paid for the delayed payment of maintenance.